The following is the opinion and analysis of the writer:
Can Donald Trump destroy freedom of the press?
Should the 蜜柚直播 be worried? Yes. Can Trump destroy freedom of the press? Yes, because he鈥檚 already trying and he鈥檚 succeeding. Is the Daily Star vulnerable? Yes, because if the Washington Post, ABC 蜜柚直播, and the Des Moines Register are vulnerable, then so is the Daily Star.
It may take awhile, and there are some weak guardrails to make any autocratic destruction, or severe limitation, of media freedom difficult, but First Amendment protection is no longer what it was only a decade ago.
Trump鈥檚 weapons for assault are (as they have been) the 鈥渂ully pulpit,鈥 the already-existing tools of the presidency (such as the unchecked power to direct tariffs as a weapon), the extant partnership (both overt and merely 鈥渦nderstood鈥) between Trump and the ever-growing 鈥渙ligarch class鈥 of billionaires, and defamation lawsuits. My premise is that it may well be difficult for small and medium-size newspapers (like the Star) to have or to develop tools to withstand Trump鈥檚 deployment of three of these weapons.
People are also reading…
One of these, weaponized tariffs, won鈥檛 directly affect the Star鈥檚 freedom and vulnerability to assault, but the use of tariffs to control the billionaire oligarchs, could easily affect the vulnerability of the media to attack 鈥 such as the preemptive need for press self-censorship if a billionaire (affected by threatened tariffs) is encouraged to purchase a newspaper or newspaper chain so as to control management鈥檚 selection of news prioritization of content, influence of advertising, and diversity of allowable opinion.
The 鈥渂ully pulpit,鈥 as a Trump tool to attack the press, was already a tool employed by Trump against the media during his first administration (except for friendly right-wing media entities). During the course of four years, his daily assault on social media (especially Twitter) and through Fox right-wing pundits, was an unrelenting howl about his victimization by 鈥渇ake news.鈥 He singled out specific news outlets (especially CNN and MSNBC) and certain of their liberal-leaning pundits. 鈥淔ake news鈥 morphed into 鈥渢he press is the enemy鈥 of the people. He knew, or quickly learned, that repetition of the lie (any lie) over and over again soon becomes 鈥渢ruth鈥 and an 鈥渁rticle of faith鈥 for the indoctrinated faithful. Emboldened by a popular majority election (and a new term) after promising 鈥渁utocracy鈥, MAGA control of all the organs of federal power, a near-total immunity from criminal prosecution by SCOTUS in Trump v. United States, and a nervous (once critical) liberal media (sometimes timid, sometimes intimidated), Trump is now free to do as he rhetorically pleases with the media he doesn鈥檛 like.
That a partnership now exits between Trump and the oligarchs, the billionaire class, is so palpable that it cannot be denied, except maybe by the flat-earth society folks and the climate change deniers. The evidence gob-smacks us daily. Some examples should suffice.
In May 2024 Trump solicited a billionaire campaign donation from oil company executives in return for promises of policy benefits. Elon Musk alone contributed almost a quarter of a billion dollars to Trump鈥檚 2024 campaign, and the three top donors together contributed almost 400 million dollars to his campaign. Some of the biggest donors will end up in Trump鈥檚 cabinet or will occupy senior positions in Trump鈥檚 second administration. The 鈥減ay for play鈥 examples abound. A 鈥渄irect鈥 provable 鈥渜uid pro pro鈥 is the crime of bribery. Just ask recently convicted former New Jersey Senator Bob Menendez. An 鈥渦nderstood鈥 quid pro pro is just 鈥済ood politics鈥 in America, and it has been so for a long, long time.
Billionaires, individually, or in collaboration have the wealth to control and divert advertising dollars (the financial life blood) of media entities, big and small. They can take over or affect the ownership of local newspapers and newspaper chains and media entities, large and small, and affect biases, as well as news- emphasis choices 鈥 perceived or otherwise 鈥 with control of management decisions. That said, add Trump into the equation 鈥 mob-boss-like. All Trump has to do is to direct his retributive ire toward prioritized media targets (reporters, pundits, media advertisers, and management personnel) and his oligarchs will do the rest. Vintage autocracy 鈥 intimidate and control the media by 鈥済rabbing them by their ... ,鈥 and their hearts and minds will follow, as the saying goes.
The fourth method of Trump鈥檚 plan for media intimidation to neutralize all but modest criticism is with defamation lawsuits that have no merit whatsoever. Understand, the lawsuits never have to go to trial, and they may only need to be threatened. This method to limit media criticism has already begun, and Trump has not been inaugurated yet to begin his second term.
Recently, ABC and Trump settled a lawsuit wherein Trump claimed ABC defamed him. This from a man who has pet intentionally defamatory names for each of his perceived enemies. The reasons for settling are likely complex, but in the end probably amount to a cost-benefit analysis of risk of affecting profitability. But, to many observers the settlement smacks of giving in to Trump鈥檚 bullying of the media. The social cost is likely to be media 鈥渟elf-censorship鈥 for ABC and for other media entities to follow suit. Use of defamation lawsuits by billionaires, and now by a soon-to-be president, has nothing to do with succeeding at trial.
The 1964 SCOTUS case New York Times vs. Sullivan established the very high standard of proof to prevail against the First Amendment protection of Freedom of the Press. The plaintiff has to prove that the defendant published something false and did so with a provable intent to harm, or published with a reckless disregard for the truth or falsity of what was published. And, if what was published is 鈥渢rue鈥 or arguably so, there is no defamation even if there is a damage to reputation. Also, the 鈥渉arm鈥 has to be specific enough to be proven.
Now, Trump has even threatened to sue the Des Moines Register for defamation for a poll predicting that Harris would win Iowa in the last election. The American rich and corporate America have long used the courts, not always for real conflict resolution, but often for bargaining leverage and intimidation. Trump learned this lesson well, but for a president to use the courts as a tool to intimidate the press is completely unprecedented in America, and is clearly a useful tool for an autocrat and supportive billionaire oligarchs. Many media entities, especially small and medium-size local newspapers, are already in serious decline and those that remain often struggle to remain profitable. The Des Moines Register likely could not withstand a lengthy costly, albeit specious, defamatory lawsuit. The threat, however, may be just enough.
The assault on a free press is already here. Media licensing and regulation, or attempted regulation, may also be in Trump鈥檚 playbook. He has already issued the threats. We all have to hope that management decisions for local newspapers and all media outlets and entities will not amount to serious self-censorship of essential news and opinion content.
Moreover, we should all support our local newspapers with our subscriptions and advertising, so as to make and keep them robust and profitable.
Gerald Farrington is a retired community college professor of history, political science, and law and retired from the practice of law. He is a member of the 蜜柚直播鈥檚 editorial advisory board.