Techdirt Murder The Truth
Mar 11, 2025
David Enrich, business investigations editor for the New York Times and author of 'Murder the Truth', dives into the abuse of defamation laws aimed at silencing journalists. He discusses the chilling effects of legal threats on free speech and the vital role of the First Amendment. Enrich emphasizes the significance of landmark cases like New York Times v. Sullivan and the tumultuous Gawker saga. He also explores the rise of lawfare, its implications for media accountability, and the emotional toll on independent journalists fighting for their voices.
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SLAPP Suits and Journalism
- Mike Masnick discusses the increasing abuse of defamation lawsuits by the wealthy and powerful to silence journalists.
- He mentions being a target of such lawsuits, known as SLAPP suits, aimed at discouraging critical reporting.
Legal Threats and Investigative Reporting
- David Enrich noticed an increase in threatening legal letters when investigating wealthy individuals or institutions.
- This sparked his interest in how smaller news outlets and independent journalists, lacking the New York Times' resources, handle such legal pressure.
Origins of NYT v. Sullivan
- The New York Times v. Sullivan case originated from a 1960 ad supporting Martin Luther King Jr. that contained minor factual errors.
- L.B. Sullivan sued, successfully initially, prompting other Southern officials to file similar suits, chilling reporting on the Civil Rights Movement.
