Donald Trump and his allies have initiated a campaign targeting media organizations in the United States that express criticism of the president-elect. This effort includes the filing of lawsuits, which media experts caution may be aimed at suppressing dissent and could jeopardize the viability of these outlets.
The strategy seems to involve a vigorous pursuit of legal action against media outlets, which Trump has frequently labeled as “enemies of the people,” by demanding substantial amounts in damages. Legal cases are initiated despite the seemingly slim chances of success, as even an unsuccessful lawsuit can impose significant financial burdens on a struggling media company, serving as a potential deterrent.
Anna Diakun, staff attorney and managing attorney for the fellowship program at the Knight First Amendment Institute at Columbia University, commented, “The recent spate of lawsuits that he has filed, and his public threat to ‘straighten out the press’, do seem to signal an increased effort by Trump and his allies to go after the press through lawsuits.”
In the past week, a series of events has emerged that raises significant concerns among advocates for press freedom in the United States.
Trump has initiated a lawsuit against Iowa pollster J Ann Selzer and the Des Moines Register, claiming “brazen election interference” in a civil suit that has raised eyebrows among advocates of free speech.
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An advocate described the lawsuit as possibly “the most appalling example” of Trump’s attempts to use the courts as a weapon against his opponents.
A recent survey released just days ahead of the election indicated that Democratic challenger Kamala Harris was leading Trump by three points in a state that has historically been viewed as a guaranteed win for him. Selzer’s predictions were proven inaccurate as Trump secured a decisive victory in Iowa, garnering over 55% of the vote.
In a surprising turn of events, Trump, despite securing a decisive victory, launched an aggressive counterattack, indicating that the recent poll had little to no effect on his campaign strategy.
Trump has initiated a lawsuit under the Iowa Consumer Fraud Act, alleging that Selzer and the newspaper violated a law designed to safeguard individuals from “fraud.” Trump’s lawsuit claims that the action is essential “to deter defendants and their fellow radicals from continuing to act with corrupt intent in releasing polls manufactured for the purpose of skewing election results in favor of Democrats.”
However, the Iowa lawsuit followed a series of legal actions initiated by Trump against the media. ABC News has finalized a $15 million settlement with Trump on December 14. The agreement includes a payment to a foundation and museum that will be established by the president-elect, along with a public apology. This settlement comes in the wake of a defamation lawsuit he filed earlier in 2024.
The lawsuit originated from network star George Stephanopoulos’s erroneous remarks during an interview, in which he stated that Trump had been deemed “liable for rape” in a civil case filed by Elle columnist E Jean Carroll. The jury concluded that Trump “sexually abused” Carroll, yet did not establish that he had raped her.
“We are pleased that the parties have reached an agreement to dismiss the lawsuit on the terms in the court filing,” stated a spokesman for ABC News, as reported by the Associated Press.
Trump has initiated legal action against CBS News concerning Kamala Harris’ interview on 60 Minutes, claiming it was deceptively edited. Additionally, he is pursuing a copyright lawsuit against publisher Simon & Schuster regarding audio recordings from the author’s interviews with him.
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Floyd Abrams, the renowned First Amendment attorney, commented on the Iowa suit, stating, “That is the most recent and in one sense, the most appalling example of Mr. Trump’s efforts to use the judicial system to punish his critics.”
“It’s not merely the absence of damages that he can reasonably assert in this situation,” Abrams stated, highlighting that Trump won the election, which calls into question the assertions that he experienced harm due to an inaccurate poll. “This situation seems to be a clear attempt to penalize the newspaper and its pollster for having the audacity to adopt a stance that ultimately proved to be incorrect.”
“He aims to impose consequences on them, intending to inflict harm, as he believes they caused him distress by creating the impression that the races would be much tighter than they ultimately were…” Abrams stated, “There’s certainly no justifiable basis for such a lawsuit.”
Donald Trump’s contentious battle against the media has now intensified.
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Experts on the First Amendment have indicated that ABC’s choice to settle may lead to an increase in assaults on the press.
“The recent settlement victory against ABC raises significant concerns, as it could encourage Trump to pursue a variety of similar lawsuits in hopes of achieving the same outcome,” stated Diakun.
Even lawsuits lacking any merit pose significant risks to the media.
Diakun stated that these situations frequently consume significant time and resources, posing a risk to the viability of smaller news organizations that are already facing challenges in sustaining their operations. “Certain news organizations might opt to settle baseless lawsuits in order to circumvent overwhelming legal expenses and the lengthy process of defending against such claims.”
“As a result, these lawsuits are expected to create a considerable chilling effect on news organizations. The possibility of legal action could prompt individuals to self-censor, opting to avoid potential retribution. This situation is not coincidental; it seems to align with Trump’s objectives.
“Trump’s lawsuits against media organizations, along with his threats to pursue additional legal action, pose a significant risk to press freedom.”
Roy S. Gutterman, who serves as the director of the Newhouse School’s Tully Center for Free Speech at Syracuse University, articulated comparable views, emphasizing the critical role that America’s media and the freedom of the press play in ensuring the effective operation of civic society.
“The lawsuits and threats appear to be a continuation of Trump’s litigious behavior,” Gutterman stated. “The current situation reveals that he has successfully obtained a settlement and appears to be moving into an administration that enjoys widespread backing from the other branches of government.” Concerns have been raised regarding the system of checks and balances that is fundamental to our governing structure, suggesting that it may be skewed.
Gutterman stated that ABC’s choice to settle “must have appeared to be a wise decision from ABC’s viewpoint.” This may pose challenges for other media outlets, however.
“This could potentially encourage others to take legal action against media outlets in hopes of reaching a settlement,” Gutterman stated. Concerns have emerged that the apprehension of potential lawsuits could deter other media organizations from vigorously investigating stories that may be unfavorable to the administration. That is indeed a significant concern.
Lark-Marie Anton, a spokesperson for The Des Moines Register, stated that the publication “believes this lawsuit is without merit” and noted that the poll in question did not accurately represent Trump’s final margin over Harris. Anton stated that the survey’s complete demographics, cross tabs, both weighted and unweighted data, along with a technical explanation from pollster Ann Selzer, have been released.
“We maintain our position on the issue and are prepared to robustly uphold our first amendment rights,” Anton stated.
The Guardian reached out to Trump’s legal and communications team to inquire if they had any comments regarding worries that lawsuits targeting media organizations might stifle free speech.
Steven Cheung, a spokesperson for Trump, stated in an email: “President Trump will continue to hold accountable those who have committed, and are committing wrongdoings, for blatantly false and dishonest reporting, which serves no public interest and only seeks to interfere in our elections on behalf of political partisans.”
