The president will likely lose his cases against The New York Times, The Washington Post, and CNN. But he may inflict extraordinary damage nevertheless.SeminiferousButtNoid wrote: ↑Tue Jun 30, 2020 2:20 pm The press is protected by the 1A, even for reporting misleading information with no evidence to back it up concerning the claims of anonymous spooks. They do it all the time.
https://www.theatlantic.com/ideas/archi ... ts/607753/
Donald Trump’s reelection campaign is launching a legal war against the free press. In the past two weeks, while Americans worried about the coronavirus, the Trump campaign has sued The New York Times, The Washington Post, and CNN. These suits are, legally speaking, frivolous. They pose no danger in court, where they’re all but certain to fizzle and fail. But don’t let that disguise their import. Outside of court, these lawsuits are a real danger to democracy. They abuse the American justice system to attack and intimidate America’s journalists.
Each lawsuit alleges that a particular article defamed the Trump campaign by portraying it as in cahoots with Russia. The standards a plaintiff must meet to show defamation in these sorts of circumstances—when discussing a public figure’s role in an issue of public concern, such as Trump’s relationship to Russia—are very high. Relying on the First Amendment’s protection for speech, the Supreme Court held in 1964 that a public figure alleging defamation must prove, with clear and convincing evidence, that the defendant made a defamatory factual statement knowing it to be false or showing reckless disregard for the truth. In the half century since, meeting that standard has always been difficult —just as the Court intended, so that vigorous expression about such figures could flourish.
