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Media outlets must not cave to Trump鈥檚 lawfare
What happens to freedom of the press when the president can bully media outlets he doesn鈥檛 like into paying big money to end his meritless lawsuits against them?
Buckle up. We鈥檙e about to find out.
Per , Paramount Global 鈥 the parent company of CBS News 鈥 is in talks to settle a $10 billion dollar lawsuit President Donald Trump filed against the network last November shortly after the election. The president鈥檚 lawsuit claims 鈥60 Minutes,鈥 the network鈥檚 flagship news program, violated the Texas Deceptive Trade Practices Act by editing an interview with Vice President Kamala Harris to make her more appealing to viewers.
The suit is flatly without merit. For starters, editing interviews is standard journalistic practice. Just ask FOX News, which has edited its own and of the president to tighten up rambling answers. Those cuts are protected by the First Amendment, which guarantees the press broad freedom to make editorial decisions about the content they print or air. And laws like Texas鈥 are designed to prevent used car salesmen from passing off lemons to unsuspecting buyers, not to police journalism.
That鈥檚 why CBS鈥 initial public statements about Trump鈥檚 suit rightly struck a defiant and principled tone. The network it would 鈥渧igorously defend鈥 itself, correctly arguing Trump鈥檚 attempt to 鈥減unish鈥 CBS for its editorial choices is 鈥渂arred by the First Amendment.鈥
So what happened? Why is CBS now reported to be capitulating? There are two reasons, neither of them good for our free and independent press: Money and power.
Trump鈥檚 lawsuit isn鈥檛 concerned with winning so much as imposing a financial and political cost on people that say things he doesn鈥檛 like.
First, the money. Paramount Global hopes to merge with Skydance Media, a deal worth some $8 billion to heiress Shari Redstone, Paramount鈥檚 owner 鈥 but only if it鈥檚 approved by the Federal Communications Commission.
That鈥檚 where the raw governmental power comes in. Brendan Carr, Trump鈥檚 pick to run the FCC, has made clear in that the agency鈥檚 review of the merger will take into consideration Trump鈥檚 鈥渘ews distortion complaint.鈥 And in private, Carr warned Paramount that addressing Trump鈥檚 dissatisfaction was a precursor to approval. In other words: Nice little network you got there 鈥 be a shame if anything happened to it.
This kind of pressure from government regulators 鈥 鈥jawboning鈥 鈥 is all the more objectionable when it鈥檚 aimed toward the personal benefit of the president. Rather than stand up for the journalists at CBS, Redstone appears to be , even an unedited transcript to the FCC after refusing to do so for months.
What is jawboning? And does it violate the First Amendment?
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Indirect government censorship is still government censorship 鈥 and it must be stopped.
That鈥檚 bad enough. But wait 鈥 there鈥檚 more.
Our litigious president is fresh off his 2021 lawsuit against Meta, which alleged the company鈥檚 decision to ban Trump from Facebook after Jan. 6, 2021, violated his First Amendment rights. Like his suit against CBS, Trump鈥檚 class action suit was without merit; private social media companies have their own First Amendment right to run their platforms as they see fit. They are not government actors, as the district court dismissing the cases against social media companies . Nevertheless, the company agreed this week to pay $25 million to end the appeal. Meta CEO Mark Zuckerberg, who attended the president鈥檚 inauguration, appears to have concluded that settling the suit was a small price to pay for political favor and access.
Late last year, Trump also with ABC News for $15 million dollars, ending a defamation suit. That suit on a George Stephanopoulos interview with Rep. Nancy Mace during which Stephanopoulos mischaracterized the outcome of writer E. Jean Carroll鈥檚 successful sexual abuse and defamation claims against the former president. Stephanopoulos stated that Trump was 鈥渇ound liable for rape鈥 and 鈥渄efaming the victim of that rape,鈥 when a jury had Trump sexually abused Carroll 鈥 not that he raped her, as the term is narrowly defined in New York鈥檚 criminal code.
Trump鈥檚 dictatorial appetite to use lawfare to silence or punish outlets that publish content he doesn鈥檛 like is most plainly on display in his ongoing suit against pollster J. Ann Selzer and The Des Moines Register.
ABC鈥檚 case presented real challenges, but the network may have been able to mount a sturdy defense. The First Amendment provides news outlets significant breathing room when commenting on public figures like President Trump, as established in the Supreme Court鈥檚 landmark 1964 ruling New York Times v. Sullivan. While the jury specifically rejected finding Trump guilty of rape, the district court judge the 鈥渄efinition of rape in the New York Penal Law is far narrower than the meaning of 鈥榬ape鈥 in common modern parlance, its definition in some dictionaries, in some federal and state criminal statutes, and elsewhere.鈥
Per , however, the network ultimately chose to settle what might have proven to be a challenging case rather than risk Trump鈥檚 ire 鈥 or provide the current Supreme Court a potential opportunity to weaken Sullivan鈥檚 broad protections. After all, the plaintiff has been loud and clear about his desire to 鈥溾 American libel law.
Trump鈥檚 dictatorial appetite to use lawfare to silence or punish outlets that publish content he doesn鈥檛 like is most plainly on display in his ongoing suit against pollster J. Ann Selzer and The Des Moines Register.
FIRE鈥檚 defense of pollster J. Ann Selzer against Donald Trump鈥檚 lawsuit is First Amendment 101
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A polling miss isn鈥檛 鈥榗onsumer fraud鈥 or 鈥榚lection interference鈥 鈥 it鈥檚 just a prediction and is protected by the First Amendment.
Selzer, hailed for decades by political observers as the dean of Iowa polling, conducted an early November poll published by The Register giving Harris a three-point lead in the Hawkeye State. Despite correctly forecasting Trump鈥檚 Iowa victories in 2016 and 2020, Selzer鈥檚 polling missed the mark this cycle. But Trump wasn鈥檛 content to take the win, choosing instead to file a claim against her under Iowa鈥檚 Consumer Fraud Act.
FIRE represents Selzer against the president鈥檚 bogus claim. Americans have a First Amendment right to make political predictions, and newspapers have a First Amendment right to publish them. But Trump鈥檚 lawsuit isn鈥檛 concerned with winning so much as imposing a financial and political cost on people that say things he doesn鈥檛 like. That鈥檚 un-American.
Elections have consequences, it鈥檚 true. But silence cannot be one of them. We must protect our free press against meritless lawsuits and the coercive power of the federal government 鈥 lest we miss it when it鈥檚 gone.
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