Media Confidential ‘The New York Times won’t settle’: Why reporters will not be intimidated by Donald Trump
Nov 20, 2025
David McCraw, the lead newsroom lawyer for The New York Times and author of 'Truth in Our Times', dives into the challenges of protecting journalistic freedom against powerful figures like Donald Trump. He discusses the strategic use of high-value lawsuits to intimidate media and explains pivotal cases like New York Times v. Sullivan. McCraw contrasts U.S. and U.K. defamation laws and highlights the importance of litigation in preserving press freedom. Plus, he offers strategic advice to the BBC on navigating legal pitfalls in reporting.
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Headline Numbers Are Legal Theater
- Big damages numbers in complaints are often theatrical and chosen for headlines rather than proof.
- David McCraw says plaintiffs can add zeros freely to get media attention and pressure defendants.
Jurisdiction Is Not The Same As Applicable Law
- Filing in a state doesn't automatically mean that state's law will govern the dispute.
- McCraw explains courts will analyze which jurisdiction's law is most relevant, not just where the suit was filed.
Actual Malice Shields Robust Reporting
- New York Times v. Sullivan requires public-figure plaintiffs to prove actual malice to win libel suits.
- McCraw argues this standard protects aggressive reporting while not shielding intentional lies.
