USA: Trump’s vengeful lawsuits against media lack legal basis, but harm American press freedom

Trump’s recent settlement with ABC News shows that his lawsuits don’t even need to win in court to achieve the desired result of reshaping the media to his benefit. ABC News settled a defamation lawsuit brought by Trump for $15 million plus Trump’s legal fees, on the basis of comments made by ABC anchor George Stephanopoulos about Trump being found “liable for rape” in March 2024. ABC parent company Disney reportedly decided to settle based on concerns about the results of litigating before a jury in Florida, a state which Trump carried by 13 points – the risks of doing battle with a “vindictive” sitting president.  

The settlement risks setting a chilling precedent for other media outlets to bow before the president-elect’s legal threats rather than defend themselves in courts of law and public opinion. The legal standard Trump would have to meet to prevail in court remains very high, but media outlets may decide the risks of fighting back – both political and financial – outweigh the benefits of an eventual judgment in their favor. This could contribute to an environment where Trump’s campaign of intimidation successfully prompts self-censorship by media outlets who prefer to stay out of his crosshairs.

After settling with ABC, Trump filed another lawsuit on December 16 against the newspaper The Des Moines Register and pollster J. Ann Selzer for a poll published prior to the 2024 election showing Vice President Kamala Harris had a lead over Trump in Iowa. The lawsuit calls the poll’s publication “election-interfering fiction.”

At a press conference given from his Florida residence that day, Trump justified his legal intimidation campaign and signaled his desire to weaponize the U.S. Department of Justice to pursue his perceived enemies in the media. “I feel I have to do this,” he said. “I shouldn't really be the one to do it, it should have been the Justice Department or somebody else, but I have to do it. It costs a lot of money to do it, but we have to straighten out the press. Our press is very corrupt. Almost as corrupt as our elections.”

“Ahead of his return to office, President-elect Trump is pushing forward with a campaign of legal intimidation against media outlets for publishing journalism he doesn't like. Trump doesn’t need to win in court for his vindictive lawfare campaign to work. These lawsuits tie up an outlet’s resources that are much needed elsewhere, especially for smaller news outlets without the means to withstand well-financed legal attacks or coordinated political attacks from Trump and his allies. Media owners must not give in.”

Clayton Weimers, Executive Director of RSF USA

History of attacks on the media

Trump frivolously sued CBS over its airing of a “60 Minutes” interview with his opponent Democratic nominee Kamala Harris. Trump accused the show of manipulating Harris’s responses to appear more flattering and posted on his social media site Truth Social that “CBS should lose its license.” He later doubled down against CBS in an interview with Fox News, saying, “we’re going to subpoena their records.” 

Trump’s associates have also threatened retribution against the media. Kash Patel, Trump’s pick to lead the FBI, spoke to Steve Bannon on his podcast in 2023. “We will go out and find the conspirators, not just in government but in the media,” Patel said. “We’re putting you all on notice.” Bannon, a chief strategist during Trump’s first presidential administration, has also made foreboding statements himself. “The American people weighed in and you were inundated for years. Weissman, you were on TV with MSNBC and all the producers, MSNBC. Preserve your documents. Ari Melber and all you hosts. Preserve your documents. All of it,” Bannon said on his podcast referring to MSNBC legal analyst Andrew Weissmann. 

Trump has made at least 15 calls for the FCC to revoke the broadcast licenses of television stations – a power the president does not directly possess. Trump called for ABC News to be punished after the network aired his singular debate with Harris. He has previously said that Comcast – the parent company of NBC News and MSNBC – will be investigated for “treason” if he is elected. He has also filed a complaint with the Federal Election Commission over the Washington Post.

Trump’s anti-media blitz ramped up ahead of the November 5 election. In an eight-week long period analyzed by RSF, Trump insulted, attacked, or threatened the media at least 108 times in public speeches or remarks from September 1 to October 24. This figure does not include social media posts or remarks from others connected to the campaign.

Disparaging the media has also been used as a political tactic at the local level to discredit local news. A 2024 study found that, “exposure to a Republican politician’s attack on a local newspaper dramatically reduces the public’s trust in and intent to use local news. RSF’s report on the state of journalism in swing states ahead of the 2024 election also revealed numerous instances of local politician’s borrowing the Trump playbook to browbeat independent local media.

Rather than doubling down on the hostility he has espoused towards the media so far, Trump should accept that journalism is a necessary part of a functioning democracy. Intimidating journalists and media outlets is a destructive process that leaves Americans without access to dependable information. The President-elect can take the opportunity instead to repair the domestic press freedom climate and reposition the United States as a global leader in press freedom. Media companies for their part should not cave to Trump’s pressure so long as the law is on their side.

The U.S. is ranked 55th on RSF’s 2024 World Press Freedom Index.