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

Family at dinner table
A family eating chicken nuggets and watermelon at a table in a home
Photo by Tyson on Unsplash

Skepticism Isn't Cynicism. The Diet Wars Show the Difference.

This year, Americans got two opposite sets of instructions for the same dinner plate. Many of us responded the way we now respond to almost everything: we picked a team.

In January, the Department of Health and Human Services released new federal dietary guidelines built around red meat and full-fat dairy. Less than three months later, the American Heart Association issued guidance pointing close to the opposite way: build meals around plants and plant protein, choose unsaturated fats over saturated ones, and cut back on red meat and full-fat dairy.

Keep ReadingShow less
People voting

Election Day in America

Getty Images

The Future of Our Democracy Is Being Built Close to Home. Will America Pay Attention?

Today, voters in Lexington, Kentucky will decide whether ordinary residents should have a permanent role in reviewing the rules of their local government. If approved, an assembly made up of residents selected by lottery would review the city charter at least every eight years, giving everyday people a recurring opportunity to examine how Lexington is governed.

It's a significant proposal, and one that could put our Kentucky city at the forefront of democracy reform in the United States.

Keep ReadingShow less
I Voted stickers and American flag
person holding white and red box

Too Tired to Vote? The Hidden Question Hanging Over the 2026 Midterms

The 2026 midterm elections are finally here, and campaigns are still consumed with a familiar question: Who will voters support? While this may seem obvious, another question may matter just as much: Will they vote at all?

Americans are hardly indifferent about the economy. A July Pew Research Center survey found that economic issues were, by a wide margin, what registered voters most wanted congressional candidates to discuss. Twenty-nine percent spontaneously identified an economic issue, with affordability and the cost of living leading the list.

Keep ReadingShow less