Skip to content
Search

Latest Stories

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

Digital illustration of robot's hand holding and supporting man who is working on his desk using computer, represent themes of artificial intelligence (AI), the future of work, and the intersection of humanity and technology.

Universal basic income would cost trillions. Wage insurance, a bigger child tax credit, and a tax break for work could help workers left behind by AI at a fraction of the price.

Andriy Onufriyenko / Getty Images

AI’s Costs: The Human Element & the Response

The age of AI will be a revolutionary age. In medicine, engineering, and more, there is the possibility of great benefit to humanity. Consider some Wall Street Journal headlines: “The Quest to Use AI to Help Find New Drugs,” and “Fusion Startup Gets an AI Boost.” Already, AI is a substantial portion of GDP growth.

Yet a rising tide will not lift the boats with holes in their hulls, as Jack Kemp once said. Artificial intelligence is challenging our leaders to think about those possibly left behind. Within the AI community itself, Anthropic CEO Dario Amodei expresses concern that we could see 5-10% GDP growth with 10% unemployment.

Keep ReadingShow less
Social Security card, treasury check and $100 bills

A Social Security inspector general found $1 billion in improper SSI payments tied to earnings alerts left unresolved for two years. Here’s what went wrong.

JJ Gouin/Getty Images

$1 Billion, 733 Days: Inside Social Security’s Improper-Payment Backlog

Social Security's inspector general opened its books this week and found a number that should stop any controller cold: roughly $1 billion in improper Supplemental Security Income payments, made to 333,800 recipients, sitting on top of a backlog the agency has known about for years. The cause was not a hacker, not a sophisticated fraud ring, and not a policy loophole. It was an earnings alert nobody closed out.

Here is how the mechanism actually works, and why it matters more than the headline figure. When a recipient's reported earnings change, the Social Security Administration's system generates an alert flagging that the payment amount may need adjustment. An employee is supposed to resolve that alert, verify the wage documentation, and correct the payment before the gap compounds. The inspector general's office pulled a sample of 100 such cases. Only 20 had been resolved. Sixty-three had gone untouched entirely, left pending for an average of 733 days, just over two years. Seventeen more were marked "cleared" without the wage documentation ever being fully verified, meaning the case was closed on paper while the underlying question remained open.

Keep ReadingShow less
Hands raised in the air, holding each other.​

America’s polarization has closed us off to each other’s humanity. The Golden Rule and the churches may be the way back to common ground.

Getty Images, PeopleImages

Land of the Free, Home of the Brave? How Trump Is Destroying America's Soul

The recent actions by both some Jewish leaders and pro-Palestinian activists against NY mayor Zohran Mamdani are an example of just how far our nation has come from our ideals under the presidency of Donald Trump.

Even with Mamdani's consistent pro-Palestinian statements, he was called a "coward" and a "sellout" because he stood with the Jewish community in remembering the October 7 Hamas attack. Jewish leaders condemned him for his criticism of Israel and Palestinian sympathies expressed in the same breath as remembrance of the attack. But Mamdani understands the connection between the treatment by Israel of Palestinians and Palestinian treatment of Israel.

Keep ReadingShow less