The Powers That Be: Daily

Weapons of Mass Defamation

15 snips
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.
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INSIGHT

Wynn Challenges Press Protections

  • Steve Wynn, a Trump mega-donor, wants the Supreme Court to revisit the New York Times v. Sullivan precedent.
  • This precedent protects journalists by requiring proof of actual malice for defamation cases involving public figures.
INSIGHT

Jurisdictional Issues in Defamation

  • The actual malice standard could be reassessed due to jurisdiction shopping in defamation cases.
  • Plaintiffs strategically sue in states lacking anti-SLAPP laws, making lawsuits expensive regardless of merit.
INSIGHT

Potential for Escalating Litigation

  • If Elon Musk can sue for defamation, government employees he targets could potentially countersue.
  • This could lead to an escalation of litigation, even involving those with limited financial resources, backed by wealthy liberals.
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