Major media companies are adopting a more aggressive stance against litigation from former President Trump and his allies, a marked change from earlier instances where some outlets opted for settlements. This shift is seen as these organizations now being more willing to dedicate resources to defend themselves in court against what they describe as frivolous lawsuits designed to suppress independent journalism. Legal experts like Lisa Zycherman of the Reporters Committee for Freedom of the Press note this isn't necessarily a change in posture but rather media companies forcing the administration to meet the high burden of proving actual malice.
Trump, in his personal capacity, has sued The New York Times, The Wall Street Journal, and the BBC within the last year, and his cabinet members have also pursued or threatened litigation against others, including The Atlantic and MS NOW. Politico reports that Trump is currently pressing six lawsuits against news organizations, seeking tens of billions of dollars, and has also sued the Pulitzer Prize board. Critics argue these lawsuits lack merit, infringe on the First Amendment, and deviate from traditional presidential conduct.
This more assertive legal strategy by print and online media contrasts with previous high-profile settlements involving broadcasters. For example, ABC paid over $15 million to settle a defamation claim, and CBS paid $16 million to resolve a lawsuit related to an interview with former Vice President Harris. The Atlantic also reported that Disney-ABC paid $15 million in December of last year to Trump's presidential library, and Paramount, CBS's parent company, paid $16 million in July over a "60 Minutes" interview. These settlements, totaling over $67 million from various companies, were seen by some as weakening press freedoms and emboldening Trump. However, print and online media may be less inclined to settle due to more precarious economic situations compared to broadcasters.
Observers suggest that as Trump's political power wanes, and with his term nearing its end, media companies perceive less risk in fighting his claims. One national Republican strategist noted that these lawsuits, intended to modify publisher behavior, are increasingly seen as a "paper tiger." Katie Townsend, a partner at Gibson Dunn, emphasized that Trump uses litigation to inflict pain and pressure, with the ultimate goal of suppressing critical reporting.
While Trump's lawsuits can advance his goals even without a win by imposing significant legal costs, organizations like The New York Times have publicly stated that his libel suit, seeking $15 billion over articles about him and his businesses, has "no merit" and is an attempt to stifle independent reporting. In a separate development, Disney filed a lawsuit in federal court alleging that Trump's FCC is engaging in a retaliatory campaign against ABC due to its broadcasting content, violating its First Amendment rights.
