The role of the free press, enshrined by the Constitution’s First Amendment, is an essential element of our democracy. The public cannot become informed about the problems facing our country and the efforts to improve or worsen them without robust protections for journalism.
But powerful people hate the light journalism shines on them and the dissent it can spur. A coalition of right-wing billionaires, Republican law enforcement officials, and an authoritarian once and future president are using wealth, lawfare, and government power to silence the press and carry out their political agenda unimpeded. And they are perilously close to succeeding.
Media Matters is naming anti-media intimidation the Misinformer of the Year for 2024 for its chilling effect on essential press freedoms.
ABC News’ agreement to settle Donald Trump’s defamation lawsuit is a foreboding sign of the current media climate and where it may be headed.
Legal experts and executives at ABC News parent company Disney reportedly thought that the outlet would eventually prevail. But its lawyers reportedly feared “litigating against a vindictive sitting president and risking harm to its brand.” They even worried that the suit could “become a vehicle for Mr. Trump and his allies to overturn the landmark First Amendment decision in New York Times v. Sullivan,” The New York Times reported.
If media lawyers are worried that a defamation lawsuit could ultimately demolish the bedrock legal precedent limiting such suits, then that protection functionally no longer applies.
The results of that shift could prove devastating to news outlets large and small and chill speech across the nation.
Trump’s lawyers have already filed a new lawsuit against Iowa pollster Ann Selzer, her polling firm, The Des Moines Register, and the Iowa paper’s parent company Gannett, accusing them of consumer fraud for publishing Selzer’s poll.
Other suits from anyone else who benefits from a cowed press will surely follow.
The purpose of these intimidation tactics — to which we had already been subjected — is to silence adversarial speech. If powerful individuals can force critics to pay a hefty price, they will be much more hesitant to take risks. And those without the financial resources for protracted legal fights will either back down or risk crippling costs. With journalists silenced, crucial stories will go unwritten — and the American public will lose out to right-wing power.