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lite.cnn.com - on gopher - inofficial | |
ARTICLE VIEW: | |
Trump’s lawsuit against The New York Times is meritless, First | |
Amendment experts say | |
By Brian Stelter, Liam Reilly, CNN | |
Updated: | |
9:19 AM EDT, Wed September 17, 2025 | |
Source: CNN | |
President Trump’s defamation is meritless, according to half a dozen | |
lawyers and First Amendment scholars who spoke with CNN. | |
But Trump’s chances in court are almost beside the point, some of the | |
experts said, because the president seems to want a political rather | |
than legal or financial victory. | |
Rebecca Tushnet, the Frank Stanton Professor of the First Amendment at | |
Harvard Law School, said the 85-page suit “is a statement of contempt | |
for truth, the American public, the judicial process, and everything | |
that deserves our respect in the American tradition.” | |
However, Tushnet said, “to pick through its legal defects, such as | |
the complaints about statements about Fred Trump — a deceased man who | |
cannot be defamed — is to ignore its purpose: to threaten any | |
criticism of Trump.” | |
Several journalism advocacy groups reached the same conclusion on | |
Tuesday after Trump filed the suit in federal court in Tampa, Florida. | |
Tim Richardson of the free expression group PEN America said the suit | |
was part of Trump’s “dangerous pattern of seeking to punish any | |
publisher that questions his narrative in hopes of draining financial | |
resources, instilling fear, and deterring coverage he doesn’t | |
like.” | |
The Times and a book publisher also named in the suit, Penguin Random | |
House, both said the suit lacked merit and vowed not to be swayed by | |
the presidential pressure. | |
What PEN America called “weaponized litigation” has been a hallmark | |
of Trump’s second term, with news cycle after news cycle about his | |
legal battles with media companies. | |
Trump’s latest lawsuit, in fact, touts his other pending complaint | |
against the Wall Street Journal, and brags about the settlement | |
payments that Trump secured from Disney, the parent of ABC News, and | |
Paramount, the parent of CBS News. | |
Disney and Paramount came under widespread criticism, including from | |
their own employees, for settling rather than defending against | |
Trump’s charges in court. | |
“It’s not that surprising that President Trump is launching another | |
frivolous lawsuit over journalistic coverage he doesn’t like after he | |
was emboldened by the settlements with Paramount and Disney,” Clayton | |
Weimers, the executive director of Reporters Without Borders’ branch | |
in the US, told CNN. | |
Unlike Disney and Paramount, however, The Times doesn’t have | |
competing business interests in the form of theme parks or movie | |
studios. The Times also has a history of prevailing in past lawsuits | |
from Trump and his re-election campaign. | |
The new lawsuit contains a long list of grievances, and “the vast | |
majority of these issues likely aren’t actionable” in court, First | |
Amendement scholar RonNell Andersen Jones told CNN. | |
“But the merit of the suit is not the story here,” she said. | |
“Multi-billion-dollar libel suits are famously expensive to defend, | |
even if the publishers are ultimately successful. My guess is the | |
primary goals here are to have a legal filing that acts as a manifesto | |
against the press, to lodge an action that will be staggeringly | |
expensive to defend, and to hope the suit will once again provide | |
leverage against a powerful source of critical investigative | |
reporting.” | |
Indeed, the legal costs could total millions of dollars, though it’s | |
highly unlikely that the bill would surpass the $16 million that Disney | |
and Paramount each agreed to pay to settle suits lodged by Trump. | |
Jonathan Peters, a media law professor at the University of Georgia, | |
said the burden is on the president and his legal team to prove | |
“actual malice,” meaning that “the paper published false | |
statements of fact with knowledge of their falsity or with reckless | |
disregard for their truth.” | |
“That’s a very high bar, and courts consistently have protected | |
political reporting and opinion when tied to matters of public concern | |
and supported by disclosed facts,” Peters said. “The reporting at | |
issue falls squarely within those protections and other privileges, so | |
the suit is unlikely to survive the early stages of litigation, | |
reflecting the strong First Amendment safeguards against attempts by | |
public officials to silence or punish critical press coverage.” | |
That legal reality, however, was mostly missing from the MAGA media | |
stories that promoted Trump’s suit against The Times. | |
Toward the end of the day, Trump posted on Truth Social, “I am | |
getting amazing feedback on my lawsuit against The New York Times. The | |
predominant feeling and sentiment is, ‘IT’S ABOUT TIME!’” | |
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