Media outlets need to remember what a free press is

President Donald Trump and his administration continue their strong-arm tactics to rein in the media that have reported unflattering stories about him and his administration. Their efforts continue to accelerate and endanger a free press and those rights of free speech that are enshrined in the First Amendment to the Bill of Rights, a document Trump views with apparent contempt. There are many examples of these efforts.

Trump filed a $10 billion suit against CBS, alleging that two interviews given by Kamala Harris while campaigning for president were spliced together. He later amended his suit to seek $20 billion. His claims, brought in Texas, were that the interview violated the state consumer protection laws and the federal false advertising laws. CBS’s parent, Paramount, said the suit was without merit. Paramount’s position was backed by numerous legal scholars who pointed out that CBS was hardly engaged in advertising or selling a consumer product under Texas law.

Paramount nevertheless settled with Trump, paying his “library” $16 million. Trump later claimed that CBS also agreed to provide an additional $16 million of advertising as Trump would direct. This settlement was not based on the merits of Trump’s suit. Instead, it was made so that the Federal Communications Commission would see its way to approve a merger that Paramount wanted. Brendan Carr, Trump’s appointed FCC chair who would need to approve that merger, had earlier said he would consider pulling CBS‘s license.

More recently, the Department of Justice has said it is investigating ways to criminally prosecute CNN for reporting on an application that allows users to track activities of immigration officials. CNN retorted it did nothing illegal, that the app is publicly available, and that it did not promote its use. Nevertheless, this threatening, dark, cloud hangs over CNN’s head. We don’t know how or if it will affect future reporting on government activities.

Trump also sued ABC following an aired interview in which George Stephanopoulos said Trump had been found liable for “rape” although the jury used the term “sexual abuse.” Even the judge used the term “rape.” Experts claim that it was highly unlikely that Trump would have prevailed against ABC given his status as a public figure, but ABC caved and paid him $15 million and legal fees for his library.

Meta paid Trump $25 million after it suspended Trump‘s accounts following the events of January 6. An investigation has begun by the FCC into NPR’s and PBS’s underwriting credits. During the campaign, Trump threatened to take away the licenses of major networks as retribution for coverage that angered him. All of these acts against the media are intended to intimidate them and cause them not to report everything they see and hear. There is, and will be, more.

Trump appears to see the United States Constitution as he wishes it would read or redacted where it suits him, and he is waging a war on the First Amendment to the Bill of Rights using suits and the government as his military. This Amendment is not self enforcing and when Trump’s sort of pressure is exerted on the free press the press must fight back in the courts regardless of the monetary cost. What CBS and ABC did by settling their specific cases was simply wrong and harmful as it encourages further intimidation.

Fighting to support and protect the First Amendment are the obligations that these news outlets assumed when each began to report or bought an existing media outlet. Those who own these outlets must understand that they are the only ones that stand in the way of the government’s efforts to control the messaging and they must stand up to this. This effort at intimidation is nothing more than government censorship. We can either get our news from the government or from a free press.

We prefer the free press.

Editorial Advisory Board Member Arthur F. Fergenson and  Debra G. Schubert did not participate in this opinion.

EDITORIAL ADVISORY BOARD MEMBERS

James B. Astrachan, Chair

James K. Archibald

Gary E. Bair

Arthur F. Fergenson

Nancy Forster

Susan Francis

Julie C. Janofsky

Ericka N. King

George Nilson

Catherine Curran O’Malley

Angela W. Russell

Debra G. Schubert

Jeff Sovern

H. Mark Stichel

The Daily Record Editorial Advisory Board is composed of members of the legal profession who serve voluntarily and are independent of The Daily Record. Through their ongoing exchange of views, members of the board attempt to develop consensus on issues of importance to the bench, bar and public. When their minds meet, unsigned opinions will result. When they differ, or if a conflict exists, majority views and the names of members who do not participate will appear. Members of the community are invited to contribute letters to the editor and/or columns about opinions expressed by the Editorial Advisory Board.