The End of the New York Times

The Case Against New York Times v. Sullivan

Can the media lie about the President? Is libel (effectively) free speech? Do landmark court cases get a free pass on text, history, and tradition?

Welcome back to Lex Liberas, where we explore the Constitution and its application in the courts (or, more often, misapplication). This week’s article is shorter than the last, but every bit as relevant to current legal (and poltical) debates.

Before reading, please consider sharing this with someone interested in the Constitution, American liberty, and the New York Times.

Thanks! Now, let’s get into it.

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While on the campaign trail, then-candidate Donald Trump promised action against a mainstream media that had opposed him far and wide since his first entry into politics. “The Fake News Media should pay a big price for what they have done to our once great Country,” Trump posted in September. Throughout the campaign, he made clear that the press would be treated as “the enemy of the people.” True to his word, Trump has filed lawsuits against several press outlets including The Wall Street Journal, Des Moines Register, and ABC. Notably, the lawsuits frequently focus on a phrase Trump popularized in his first campaign: “fake news.” In his various complaints, Trump wants the press to face the music for making false statements, misleading readers, and defaming the President. To date, ABC has already settled with Trump, not willing to defend their publications in an age where mainstream media approval has hit historic lows. Should one of the “fake news” media stand up and fight though, they may prevail. While the New York Times may not defend itself, the New York Times can.