How Donald Trump Might Transform Free Speech as We Know It

Donald Trump once again poses a threat to publishers, and with his latest presidential term, his lawsuits against them carry unprecedented weight. The new book by a New York Times editor warns us to take these threats seriously, as a significant free speech precedent stands on precarious ground.

Dissatisfied with unfavorable news articles, Trump has a long history of threatening journalists and media outlets with legal action. In a recent statement on his Truth Social account, he vowed to file lawsuits against 'dishonest authors and media,' accusing them of fabricating stories and claiming there should be severe repercussions for such behavior.

Trump suggested, "I’ll undertake it as a service to our country. Who knows, maybe we’ll establish a fantastic new law!" This announcement aligns with his disapproval of Michael Wolff’s latest publication discussing Trump’s second term—a book that has already drawn Trump's ire online. While Trump has often complained and even litigated over negative portrayals, his lawsuits seldom succeeded in the past.

The Changing Landscape of Media Litigation in Trump’s Era

However, in what some dub ‘Trump 2.0,’ dismissing his remarks about the media as mere posturing is becoming increasingly difficult. Since regaining the presidency, Trump has successfully settled a defamation lawsuit against Disney and ABC, and he is negotiating similar outcomes with CBS and Paramount. His grievances often stem from perceived slights, such as the alleged 'election interference' from a '60 Minutes' interview with Kamala Harris.

Could a Pillar of Free Speech Law Be at Risk?

Trump’s talk of enacting new defamation legislation may sound improbable—the American legislative process is notorious for its complexity, even when one party commands the government. Yet, the direction he is pursuing warrants close attention. "Murder the Truth," a book by New York Times editor David Enrich, outlines an effort to dismantle the legal principles upholding free speech in the U.S. Enrich’s book especially discusses the 1964 Supreme Court decision in New York Times v. Sullivan, which set a high bar for succeeding in defamation lawsuits.

Enrich emphasizes this ruling’s importance, noting its wide support across political lines—a sentiment that is beginning to shift. Trump’s ongoing influence stands as a significant reason for this change, with his 2016 campaign promises to 'open up libel laws' so that they could better sue media outlets for unfavorable coverage—a stance that most dismissed at the time.

The Supreme Court Showdown

Now, the Supreme Court may revisit this pivotal case, as Justice Clarence Thomas and others have expressed interest. Trump could potentially achieve his objectives even without legislation. In recent weeks, Trump’s disputes with the press have continued—altercations over comments on the Gulf of Mexico and confrontations in press briefings illustrate these tensions.

These incidents primarily concern media access rather than censorship per se, as anyone can publish in today’s digital landscape, as figures like Elon Musk frequently remind us. However, the ramifications of threatening and filing lawsuits and securing settlements are quite different. Altering the foundational laws to magnify these lawsuits’ impact should be a cause for concern.