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Blankenship v. NBCUniversal

Updated Sep 19, 2026

In brief

The Supreme Court refused to hear Blankenship’s challenge and denied review, leaving the Fourth Circuit’s decision in place without deciding the actual-malice question.

Where it stands
Decided

Decided · October 10, 2023 · Opinion by Justice Thomas

What it’s about
Don Blankenship asked the Supreme Court to reconsider the rule requiring public figures in defamation cases to prove that a statement was made with “actual malice,” meaning knowledge of falsity or reckless disregard for the truth.
Who it affects
Because the Court refused to hear the case, the Fourth Circuit’s decision remains in place. That refusal did not endorse either side’s arguments or resolve Blankenship’s request to change the actual-malice standard.

Summary: written with AI from the case record.

Illustration for Blankenship v. NBCUniversal
Conceptual illustration · AI-generated

What it's about

On October 10, 2023, the Court denied review, leaving the Fourth Circuit’s decision in favor of the media defendants in place and not deciding whether to overrule the actual-malice standard.

The case challenged a 1964 rule requiring public figures to prove actual malice in defamation cases.

Question presented

Whether the Court should overrule the "actual malice" standard established in New York Times Co. v. Sullivan, 376 U.S. 254 (1964), and its progeny.

What the Court decided

Holding

Petition DENIED. Justice Thomas, concurring in the denial of certiorari. (Detached Opinion )

The vote

Majority author
Clarence Thomas

What's next

The Supreme Court has finished this docket action. The Fourth Circuit’s decision remains in place, but there is no Supreme Court ruling here on whether to change the actual-malice standard.

Documents

3

Docket activity

8
  • New analysis added

    Sep 19, 2026 · Court records

  • AI analysis generated: Case Briefing

    Sep 19, 2026 · Generated

  • AI analysis generated: Decision Record

    Sep 19, 2026 · Generated

  • New analysis added

    Sep 5, 2026 · Court records

  • Case data updated: summary, question_presented, generation_metadata

    Sep 5, 2026 · Court records

Show 3 more
  • Opinion added: Blankenship

    Oct 10, 2023 · Court records

  • Opinion added: Opinion

    Oct 10, 2023 · Court records

  • Brief added: Petition

    May 15, 2023 · Court records

More questions

5
What did the Supreme Court do in Blankenship v. NBCUniversal?
It refused to hear Blankenship’s request and denied review on October 10, 2023. The Court did not decide whether to change the actual-malice standard.
What change did Don Blankenship ask the Court to make?
He asked the Court to change the rule requiring public figures to prove actual malice in defamation cases. That means knowing a statement was false or recklessly ignoring whether it was true.
What remained after the Court refused review?
The Fourth Circuit’s decision remained in place. The Supreme Court did not endorse either side’s arguments or decide the legal question.
Did Justice Thomas support the Court’s action?
Yes. Justice Thomas wrote separately and agreed with the decision to refuse Supreme Court review. No vote count was provided.
What happens next in this Supreme Court docket?
The Court has finished this docket action. The Fourth Circuit’s decision remains in place, with no Supreme Court ruling on whether to change the actual-malice standard.

Sources

Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.

Checked Sep 19, 2026Methodology

Court records and filings

Reporting and analysis