Trump wants to 'open up libel laws', aka destroying right of free press...
This week in Texas, Donny Trump advocated 'opening up libel laws', claiming that when the Washington Post or the New York Times write a 'hit piece' on someone, they will be able to be sued and have to pay 'lots of money'. Trump thinks newspapers are way too protected under current law, and when he is elected, we are going to change that law. See Trump calls to open up libel law.
What Trump refers to is the 'public figure rule', where to win for libel, anyone who is a public figure must prove 'actual malice' on behalf of the news story. This rule dates back to 1964, and the case of the New York Times v. Sullivan. The United States Supreme Court held that it violated the right of freedom of press for the press to be effectively shut down by numerous lawsuits claiming libel during the civil rights movement. Racists bigots were repeatedly suing the press to try to stop all the bad publicity that they got from their segregation policies. This case is heavily based on the first amendment.
Trump thinks this can be addressed by passing 'new laws'. This is indeed a scary thought. In fact, since this rule is based on a constitutional decision from the U.S. Supreme Court, any new law to the contrary would be unconstitutional. Once again we see that Trump either has no understanding of history, or of the constitution, or of the rule of law. That, or that he purposely chooses to ignore the law so that he can pander to his audience for political gain.
This is the way that a dictator behaves. Let the press know that they can be effectively put out of business if he is elected, so that they temper their criticism of him. However Trump should be careful. There are still plenty of people in the press that will take these as fighting words. And one should remember that old Mark Twain quote: 'Never pick a fight with people who buy ink by the barrel.'
What Trump refers to is the 'public figure rule', where to win for libel, anyone who is a public figure must prove 'actual malice' on behalf of the news story. This rule dates back to 1964, and the case of the New York Times v. Sullivan. The United States Supreme Court held that it violated the right of freedom of press for the press to be effectively shut down by numerous lawsuits claiming libel during the civil rights movement. Racists bigots were repeatedly suing the press to try to stop all the bad publicity that they got from their segregation policies. This case is heavily based on the first amendment.
Trump thinks this can be addressed by passing 'new laws'. This is indeed a scary thought. In fact, since this rule is based on a constitutional decision from the U.S. Supreme Court, any new law to the contrary would be unconstitutional. Once again we see that Trump either has no understanding of history, or of the constitution, or of the rule of law. That, or that he purposely chooses to ignore the law so that he can pander to his audience for political gain.
This is the way that a dictator behaves. Let the press know that they can be effectively put out of business if he is elected, so that they temper their criticism of him. However Trump should be careful. There are still plenty of people in the press that will take these as fighting words. And one should remember that old Mark Twain quote: 'Never pick a fight with people who buy ink by the barrel.'
posted by Mike Grayson @ 9:05 AM
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