What Free Speech? Trump Ramps Up Threats To Sue Publishers Over Their Speech

from the presidential-chilling-effects dept

We just warned folks that Donald Trump would be one of the most anti-free speech Presidents in history, and he seems to have no qualms living down to that reputation.

Donald Trump’s history of frivolous lawsuits against media outlets shows his disdain for free speech, and he shows no signs of stopping. The Columbia Journalism Review has an article exploring a bunch of other legal threats Trump and those around him have been flinging at news and book publishers over their speech.

These threats are part of a disturbing pattern of Trump trying to silence and intimidate his critics:

The letter, addressed to lawyers at the New York Times and Penguin Random House, arrived a week before the election. Attached was a discursive ten-page legal threat from an attorney for Donald Trump that demanded $10 billion in damages over “false and defamatory statements” contained in articles by Peter Baker, Michael S. Schmidt, Susanne Craig, and Russ Buettner. 

It singles out two stories coauthored by Buettner and Craig that related to their book on Trump and his financial dealings, Lucky Loser: How Donald Trump Squandered His Father’s Fortune and Created the Illusion of Success, released on September 17. It also highlighted an October 20 story headlined “For Trump, a Lifetime of Scandals Heads Toward a Moment of Judgment” by Baker and an October 22 piece by Schmidt, “As Election Nears, Kelly Warns Trump Would Rule Like a Dictator.”

“There was a time, long ago, when the New York Times was considered the ‘newspaper of record,’” the letter, a copy of which was reviewed by CJR, reads. “Those halcyon days have passed.” It accuses the Times of being “a full-throated mouthpiece of the Democratic Party” that employs “industrial-scale libel against political opponents.” 

Of course, none of this is new. Donald Trump has a long history of threatening and suing news organizations for their factual reporting. The point is not that many of these lawsuits eventually get tossed out of court. The real goal is to harass and punish media outlets for daring to criticize or investigate him.

Even when these lawsuits are eventually dismissed, the process is the punishment. The punishment is the process. News organizations are forced to divert time and money defending against frivolous claims, while journalists may think twice about pursuing tough stories out of fear of ending up in court. It’s an insidious form of soft censorship that undermines the media’s vital watchdog role.

This is especially galling given how frequently I saw people say that in the election they supported Donald Trump because “he stood for free speech” while simultaneously claiming that Kamala Harris “wanted censorship.” This was a key line that JD Vance used, without ever backing it up, because it wasn’t ever true.

Harris hasn’t sued the media for critical reporting. Trump has, over and over and over again and continues to threaten more such lawsuits.

Free speech actually means something, and the idea that Trump supports it is laughable. But, of course, his fans won’t care because they don’t actually care about free speech. That was just a convenient excuse. They’re happy to support speech suppression lawfare when they see it aimed at their perceived “enemies” in the media.

And all of this is why we need a federal anti-SLAPP law, but it seems quite unlikely Donald Trump will sign one while he’s the President.

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Companies: ny times, penguin random house

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Comments on “What Free Speech? Trump Ramps Up Threats To Sue Publishers Over Their Speech”

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This comment has been deemed insightful by the community.
Stephen T. Stone (profile) says:

I saw people say that in the election they supported Donald Trump because “he stood for free speech” while simultaneously claiming that Kamala Harris “wanted censorship.”

That people could believe this despite how Republicans/conservatives are the ones leading book banning efforts across the country is an indictment of both the failures of mainstream media and the ignorance (intentional or otherwise) of Trump voters.

Anonymous Coward says:

Attached was a discursive ten-page legal threat from an attorney for Donald Trump that demanded $10 billion in damages

Well, compared to Putin’s “2 undecillion rubles” fine to Google, it doesn’t look that much.
But compared to the credibility of Trump, it’s tremendous.
Come on Donald, just count how many fingers you’ve got and you would have a decent amount to ask.

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That One Guy (profile) says:

No-one hates free speech more than it's ardent 'defenders'

Republicans definition of free speech: Non-republicans are allowed to say whatever they want, so long as it aligns with republican values and beliefs. Republicans are allowed to say whatever they want, with no consequences, wherever they want, even if that means hijacking private property to speak from.

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Anonymous Coward says:

… it seems quite unlikely Donald Trump will sign [a federal anti-SLAPP law] while he’s the President.

All we have to do is start a defamation lawsuit against him that has some legal weight but was clearly SLAPP-ish.

Put the bill in front of him when he’s spending millions defending against a tens-of-millions case against him, and the bill would have to be on asbestos paper, he’d sign so fast.

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Anonymous Coward says:

It's more than unlikely

And all of this is why we need a federal anti-SLAPP law, but it seems quite unlikely Donald Trump will sign one while he’s the President.

He doesn’t plan on leaving — ever.

As of January, we won’t have Presidents any more; just Trump family dictators, and those will soon enough bungle the job so badly that we’ll become a vassal state of Russia and/or China.

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Drew Wilson (user link) says:

I think an extremely frustrating aspect is the fact that the large media outlets spent this entire election sane washing Trump and normalizing his dictatorial tendencies as “normal” political behaviour. These efforts to distort reality has helped Trump make it back into the White House. With these efforts of playing these stupid games, the large media outlets are being “rewarded” with these stupid prizes. It would be hilarious if it didn’t affect everyone else who are actually standing up for truth and basic civil rights in the process.

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That One Guy (profile) says:

Re:

News outlets then: If we just sanewash convicted felon Trump and make him look like he’s not a vindictive, spiteful and deeply stupid would-be dictator I’m sure he’ll be nicer to us and stop calling us ‘fake news’!’

News outlets now: How were we supposed to know that he’d act like a vindictive, spiteful and deeply stupid soon-to-be dictator?!

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Anonymous Coward says:

” journalists may think twice about pursuing tough stories out of fear of ending up in court” – This is just laughable. When has the left wing media ever stopped writing hit pieces on Trump? I don’t recall such a time. And why would he stop calling them fake news when they push hoax after hoax? That why their rating continue to fall off a cliff. Most people don’t trust them anymore. It’s one of the reasons people are leaving the Democrats and joining Republicans.

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Stephen T. Stone (profile) says:

Re:

When has the left wing media ever stopped writing hit pieces on Trump?

The heads of two major newspapers personally stopped the editorial boards of those papers from endorsing Kamala Harris. One of those editorial boards also had a planned series about Trump’s failures as a president and a person that also got the axe.

Also: Technically speaking, there is no “left-wing media” in mainstream American news media. Most of what you see that you confuse for “left-wing media” is, much like the Democratic Party, centrist as fuck. Hell, if CNN were truly “leftist”, it wouldn’t have any Republicans (and far fewer Democrats) on the air.

David says:

Did Trump ever proclaim to support "Free Speech"?

I know its hard to tell the various brands of hypocrites and their sycophants apart, but I thought Trump’s main talking point around his “fake media” word salads was that he considered media to be unsufficiently regulated, as do his “pull their license” threats that don’t sound as if he were even aware that something approaching a Free Press is allowed to exist in the U.S.

The primordial “Free Speech” hypocrite appears to be Musk rather than Trump himself. You cannot expect everyone sucking up to Trump (not because they share non-values but because they consider the gains worth the effort) to share the same playbook.

Anonymous Coward says:

Re:

What Trump says one minute may not be what Trump says he said the next minute. You can not believe anything he says.

The self contradictory contradiction to the norm is not a thing, it is a weave. It is stable genius that weaves …
“You make a speech, and my speeches last a long time because of the weave, you know, I mean, I weave stories into it,”
“If you don’t — if you just read a teleprompter, nobody’s going to be very excited. You’ve got to weave it out. So you — but you always have to — as you say, you always have to get right back to work. Otherwise, it’s no good. But the weave is very, very important. Very few weavers around. But it’s a big strain on your — you know, it’s a big — it’s a lot of work. It’s a lot of work.”

Bob says:

You are a tad dishonnest. Free speech is free speech and is protected from government interference. There is NO WAY Trump or his lawyers will go around the first amendment in the USA in a Court : it is the HIGHEST item in all the constitution (it’s not surprise why Free speech is number one in the constitution boys).

But defamation if confirmed, falls under the law regarding defamation is facts are false.

If the facts are true, nothing will happen. If they are false, then the second question becomes : the writers, did they have factual elements that could have conducted them in honesty to a mistake ? If so, no defamation but a mistake that everyone would have done given the same facts.

If they wrote stuff knowing they had no facts or on elements to think so, then it’s defamation and it will end pretty badly for them.

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Anonymous Coward says:

Re:

Hey – you here all week?

Just a few things of note.
– Donald cares not what the law says
– It is not defamation (in the US) when it is true, as in factual
– No such thing as a false fact, it would not be factual now would it?
– Making mistakes does not necessarily relieve one of responsibility
– and Freeze Peach varies nation to nation

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Stephen T. Stone (profile) says:

Re:

Lawsuits are costly. A targeted defamation lawsuit against a media outlet for publishing what is otherwise non-defamatory speech will require that media outlet to pay for a legal team that will fight the case. The whole point of a SLAPP⁠—like, say, a defamation lawsuit that targets an opinion instead of a false statement of fact⁠—is to silence someone by either forcing that someone to empty their bank account in their own defense or scaring them into withdrawing the “offending” speech.

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That One Guy (profile) says:

Re:

May I present to you: The SLAPP.

Because winning in court has a lot more to do with how much money you have than it does on whether or not you’re actually on the right side of the law, and even being completely innocent doesn’t make defending said innocence in court any cheaper.

JMT (profile) says:

Re:

There is NO WAY Trump or his lawyers will go around the first amendment in the USA in a Court…

Your naivete is almost sweet.

it is the HIGHEST item in all the constitution (it’s not surprise why Free speech is number one in the constitution boys).

Well it’s the first amendment, so by definition it came along after the original draft of the Constitution, but it really wasn’t even first. From Wikipedia:

In the original draft of the Bill of Rights, what is now the First Amendment occupied third place. The first two articles were not ratified by the states, so the article on disestablishment and free speech ended up being first.

Darkness Of Course (profile) says:

The NYTimes as the mouthpiece of the Dems?

Do not make me laugh. I don’t read the times, and I don’t follow links that lead to them

Throughout The Convict’s first term, and during this period of trails NYTimes has been a source of ass kissing and pandering that has refuted their claim as the newspaper of record

They have tried to convince me they are worth $1 for over a year. It isn’t worth it. Avoidance is best.

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jimb (profile) says:

There is so 'free speech' with Trump!

Feel free to say anything nice about Trump you want to say. Entirely free to praise Trump, congratulate Trump, bless Trump, envy Trump. You can say anything you want about Trump – as long as it’s nice. That’s real freedom – Trump style!

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Anonymous Coward says:

Free speech isn’t a partisan issue. I would even venture to say that the hate of free speech is probably the closest either side can get to agreeing on anything.

“His fans don’t care because they don’t actually care about free speech.”

I’m a Trump fan, and I care about free speech. You plan on retracting that inflammatory BS statement or do enjoy engaging in identity politics that further divide our country?

2024 wasn’t a massive show of support for the right, it was a categoric rejection of the left’s policies and views and a return to common sense. Does that come with some baggage? Sure does, but so does everything.

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Stephen T. Stone (profile) says:

Re:

I’m a Trump fan, and I care about free speech.

Do you care enough to decry the book bans led by Trumpists? Do you care enough to denounce Trump’s baseless legal threats against media outlets that don’t kiss his ass? Do you care enough to say that even the people you hate⁠—the people who, deep down in your soul, you would be happy to see die a painful and miserable death⁠—should have the right to both express anti-Trump opinions on any platform that will have them and avoid having a Trump-led government retaliate against them (or those platforms) for that speech?

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Anonymous Coward says:

Re:

I’m a Trump fan, and I care about free speech. You plan on retracting that inflammatory BS statement or do enjoy engaging in identity politics that further divide our country?

So you care so much about free speech that you are essentially asking someone to shut up because they were saying something you didn’t like?

The reality is that you aren’t a fan of free speech at all unless it’s speech you agree with as your statement above amply proves.

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