On March 24, 2025, the Supreme Court of the United States (SCOTUS) declined to hear a case from billionaire casino owner Steve Wynn. Wynn filed a defamation suit against the Associated Press (AP) in 2018. By denying a writ of certiorari, SCOTUS allowed New York Times v. Sullivan to retain its status as the go-to precedent for cases involving all that's fit to print — for now.
He Who Is Without a Newspaper Is Cut Off From His Species
Formed in 1846 as a pony express route between five New York newspapers to gain quicker access to information about the war with Mexico, the AP remains a popular news source today. It has been responsible for calling U.S. elections for 170 years. Recently, it found itself denied access to White House press briefings for refusing to refer to the Gulf of Mexico as the Gulf of America.
Steve Wynn built and oversaw several casinos in Las Vegas, including the Mirage, the Bellagio, and Treasure Island. He has long been active in politics, serving as the finance chair of the Republican National Committee (RNC) and donating to dozens of GOP candidates.
He resigned as CEO of his company, Wynn Resorts, after multiple allegations charging instances of sexual misconduct that spanned decades were revealed in a Wall Street Journal article in 2018. One victim received a reported settlement of $7.5 million.
In addition, he stepped down as RNC chair and had his honorary degree revoked by the University of Pennsylvania. Wynn has denied all accusations.
In writing a story about multiple claims of sexual misconduct lodged against Wynn by employees at spas and salons, the AP gained access to and used police records from the 1970s. The AP articles included these complaints of sexual assault and rape.
Wynn had won a defamation suit against one of the complainants. He used that as the basis for his defamation suit against the AP, claiming they hadn't done their due diligence by examining the substance of her accusations before including them in their article.
Under Sullivan, it needs to be proven that the press acted with actual malice for a judgment of defamation or libel. A mistake printed without intent isn't actionable. A Nevada court ruled that the AP's omission of certain details from the problematic police report didn't meet the standards required under Sullivan, which the Nevada Supreme Court upheld.
Wynn asked the Supreme Court to take up the case as a vehicle for overturning Sullivan.
Safe For Now
SCOTUS denied certiorari without comment, which is typical. The denial ends Wynn's bid. Justice Clarence Thomas has spoken out against Sullivan on several occasions, expressing his desire to end the malice standard. However, in this case Justice Thomas chose to remain silent.
It's doubtful this will be the last challenge Sullivan will face. For now, it remains the bedrock decision against which all press-related defamation cases are judged.
Related Resources
- Petitioning and Opposing Certiorari in the U.S. Supreme Court (FindLaw's Litigation and Disputes)
- New York Times v. Sullivan History and Case Summary (FindLaw's Supreme Court Insights)
- Libel, Slander, and Defamation Law: The Basics (FindLaw's Accidents and Legal Injuries Guide)
