The Powers That Be: Daily cover image

The Powers That Be: Daily

Weapons of Mass Defamation

Feb 19, 2025
Eriq Gardner, a journalist known for his insights on media and law, discusses Trump's escalating legal battle against the media and its implications. He explores whether this conflict could lead to a state of mutually assured destruction for journalism. Key topics include the threat to libel protections from Trump allies, the rise of billionaire-funded defamation initiatives, and the pressing need for balanced legal safeguards in today’s polarized climate. Gardner also examines the potential for the Supreme Court to rethink landmark rulings on freedom of the press.
21:47

Episode guests

Podcast summary created with Snipd AI

Quick takeaways

  • Trump's legal battles against media could redefine defamation laws, challenging the existing standard set by New York Times v. Sullivan.
  • The increase in asymmetric litigation indicates a growing trend of political figures engaging the courts to navigate issues of media credibility.

Deep dives

Trump's Legal War on Media

Donald Trump's legal battles against the media could potentially escalate to the Supreme Court, particularly as notable figures like Steve Wynn express dissatisfaction with current defamation protections. The longstanding precedent established by the 1964 case of New York Times v. Sullivan requires public figures to demonstrate actual malice in defamation cases, presenting a high hurdle for those seeking justice against media outlets. Wynn and other prominent individuals argue that this standard is not grounded in the Constitution and should be revisited by the Supreme Court, especially under the influence of the current 6-3 conservative majority. This ongoing dynamic raises critical concerns about the balance of power between the media and those it reports on, highlighting an evolving legal landscape that could reshape defamation laws in America.

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