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Legal Threats and Calls to Overturn Landmark Libel Protections Intensify Under Trump Administration

David Enrich's new book highlights a coordinated push to weaken press freedoms as lawsuits and rhetoric against journalists escalate.

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Rachel Maddow and Donald Trump.
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Clouds roll over the Supreme Court at dusk on Capitol Hill in Washington, Sunday, May 3, 2020. (AP Photo/Patrick Semansky)

Overview

  • David Enrich's book, 'Murder the Truth,' documents a growing campaign to overturn the New York Times v. Sullivan precedent, which protects journalists from defamation lawsuits unless 'actual malice' is proven.
  • The movement to weaken press protections has gained momentum, with Donald Trump and allies advocating for changes to libel laws and leveraging lawsuits to intimidate journalists.
  • Supreme Court Justices Clarence Thomas and Neil Gorsuch have publicly called for revisiting Sullivan, while other justices' positions remain uncertain, raising concerns about potential shifts in precedent.
  • Smaller and independent news outlets face significant financial and operational strain from escalating legal threats, with some forced to shut down or abandon investigative reporting.
  • Enrich warns of increasing physical and digital threats to journalists, fueled by incendiary rhetoric from political leaders, and highlights the chilling effect on accountability journalism.