Skip to content
Search

Latest Stories

Follow Us:
Top Stories

The press must resist Trump’s bullying lawsuits

The press must resist Trump’s bullying lawsuits

President-elect Donald Trump leaves after their meeting at the Elysee Palace in Paris, France on December 07, 2024. (Photo by Mustafa Yalcin/Anadolu via Getty Images)

Photo by Mustafa Yalcin/Anadolu via Getty Images

In his first week as a federal judge, Murray Gurfein was assigned the biggest case of his life.

He’d just been nominated to the Southern District of New York by President Richard Nixon in April 1971, and confirmed by the Senate in May when the Pentagon Papers case landed on his desk.


Nixon had told Assistant Attorney General William Rehnquist to order the New York Times and the Washington Post to stop publication of the damaging report that revealed previous administrations’ attempts to cover up their losing efforts in the Vietnam War.

Both papers refused, so Nixon sought an injunction to keep the papers from publishing.

But Gurfein, despite being appointed by Nixon just weeks earlier, declined, writing: “The security of the Nation is not at the ramparts alone. Security also lies in the value of our free institutions. A cantankerous press, an obstinate press, a ubiquitous press must be suffered by those in authority to preserve the even greater values of freedom of expression and the right of the people to know.”

Nixon, of course, would appeal Gurfein’s decision, and before the Supreme Court could hear the case, 15 other newspapers received copies of the report and published it, with the idea that the only way to uphold the First Amendment and protect the right to publish…was to publish.

In June, the Post and the Times won their case in the Supreme Court, and Nixon’s attempt at chilling the press failed — but only because the newspapers refused to capitulate.

Fast-forward half a century, and it feels like the courage the press showed then was all for naught.

An incoming President Donald Trump has already inflicted a Nixonian choke hold on the press, and before he’s even been sworn into office.

He sued ABC News and George Stephanopoulos for defamation, claiming that he was inaccurately described as having been found liable for “rape,” instead of “sexual assault” by a civil jury — a distinction even the judge in the case said was meaningless.

He’s suing Bob Woodward and Simon & Schuster for $49 million for publishing audio tapes of interviews Trump gave in 2019 and 2020.

He’s suing CBS News for a “60 Minutes” interview with Vice President Kamala Harris in which Trump argues CBS deceptively edited it to make her appear “coherent and decisive.”

And this week, he sued the Des Moines Register and pollster Ann Selzer for a poll that showed him losing in a state that he ended up winning by 13 points.

Now, to be clear, none of these are good cases for Trump.

Misusing legal terms, as Stephanopoulos did, isn’t defamation. Publishing tapes of an interview you agreed to isn’t illegal. Nor is editing interviews like “60 Minutes” did. And bad polls that don’t come true are not a valid basis for a lawsuit.

All of these entities should rest soundly and confidently knowing the First Amendment protects them from Trump’s authoritarian impulses.

But one has already surrendered. ABC settled with Trump to the tune of $15 million, and, adding insult to injury, agreed to publish a groveling apology note on behalf of the news outlet and Stephanopoulos.

Why would a company like Disney, which owns ABC and has the best lawyers money can buy, agree to give away $15 million on a case it most certainly would have won?

Corporate greed and spinelessness.

As The Bulwark’s Jonathan V. Last put it:

“I’d bet the milk money that Bob Iger — the CEO of Disney and one of the most important corporate executives in America — made the final call on settling with Trump. Because this is a decision that affects the entire corporation’s relationship to the federal government.

And while it might be against the interest of ABC News to sell out its journalists, it’s very much in the interest of the Walt Disney Company to be on good terms with a president who is open about punishing his enemies and rewarding his friends.”

It’s gross, but not surprising, that a giant conglomerate like Disney would want to do favors for an incoming administration that’s threatening to punish its enemies. But it’s downright disgusting that one that owns a news outlet would wholly surrender to baseless threats against press freedom, while throwing good journalists under the bus in the process.

Even though Trump likely knows these lawsuits are without merit, for him the process is the punishment. And with ABC’s capitulation, he’ll be emboldened to do it again and again.

“We have to straighten out the press,” he said. “Our press is very corrupt, almost as corrupt as our elections.”

Of course, just like our elections, the press is not corrupt. But if others surrender, the press will have been corrupted — by Trump himself.

So to those in Trump’s crosshairs, currently or in the future, remember the words of Judge Gurfein:

“A cantankerous press, an obstinate press, a ubiquitous press must be suffered by those in authority to preserve the even greater values of freedom of expression and the right of the people to know.”

(S.E. Cupp is the host of "S.E. Cupp Unfiltered" on CNN.)


Read More

Welcome to Trump’s lame duck presidency

President Donald Trump speaks to the press in the Oval Office of the White House in Washington, D.C., on June 3, 2026.

(Mandel NGAN/AFP via Getty Images/TCA)

Welcome to Trump’s lame duck presidency

It's been a while since we saw a lame duck presidency — long enough in politics to maybe forget what one looks like.

In October 2014, President Barack Obama hit his lowest approval rating yet at 40%. The midterm elections were an absolute bloodbath for Democrats — Republicans expanded their majority in the House by 13 seats and took control of the Senate with a gain of nine seats.

Keep ReadingShow less
​Reporters and members of the media raise their hand to ask a question to U.S. President Donald Trump.

Reporters and members of the media raise their hand to ask a question to U.S. President Donald Trump during a press conference in the Brady Briefing Room of the White House on April 25, 2026 in Washington, DC.

Al Drago / Getty Images

Trump’s 15 Attacks on Press Freedom Mark an Unprecedented Crisis

“Freedom of conscience, of education, of speech, of assembly are among the very fundamentals of democracy, and all of them would be nullified should freedom of the press ever be successfully challenged.” – Franklin D. Roosevelt, 32nd U.S. President

Throughout America’s 250 years, the tension between the White House and the press is as old as the republic itself. Several presidents haven’t necessarily tried to repeal the First Amendment (which protects the press), per se, or the Fifth Amendment (which protects journalists’ confidential sources). Instead, some have tried to control the narrative and limit press access.

Keep ReadingShow less
Academic Tracking in K-12 Schools: Improving Achievement or Widening Gaps?
red apple fruit on four pyle books

Academic Tracking in K-12 Schools: Improving Achievement or Widening Gaps?

This nonpartisan policy brief, written by an ACE fellow, is republished by The Fulcrum as part of our partnership with the Alliance for Civic Engagement and our NextGen initiative — elevating student voices, strengthening civic education, and helping readers better understand democracy and public policy.

Key Takeaways

  • Tracking is widespread and begins early. Currently, 75 percent of eighth graders nationwide are affected by tracking and the process begins in first and second grade.
  • Successful detracking requires adequate support. Districts that detrack with enough support and resources for both teachers and students can narrow achievement gaps without lowering performance.Successful examples often come from communities with extensive resources.
  • Research on the impact of tracking on achievement is mixed. Some studies show tracking benefits advanced students at no cost to others, but other studies have shown the opposite; minimum educational gains with significant costs in equity.

What is Academic Tracking?

Academic tracking is the practice of assigning students to different classrooms based on earlier academic achievement or perceived ability. It affects approximately 75 percent of eighth graders nationwide and begins as early as first and second grade. Unlike temporary ability grouping, where a teacher might divide students into small groups for a single lesson on fractions, tracking sorts students into specific pathways such as remedial math, regular Algebra I, or honors Algebra I, with math being the most heavily tracked subject in American schools.

Keep ReadingShow less