Thursday, March 30, 2017

About Donald’s Latest Tweet on Media Libel

While we were at work or school this morning, our president tweeted: “The failing @nytimes has disgraced the media world. Gotten me wrong for two solid years. Change libel laws?”
So, what does he mean? He means to silence our free press. 
Libel law pre-dates the founding our the United States. 
It is a compendium of many hundreds of court rulings that signify a trend. In the U.S., libel is used to provide damages to someone whose reputation is measurably injured by a malicious falsehood that is communicated to the public (the law refers to this as “publication”).
The U.S. has the most freedom on the planet to speak. We err on the side of shielding speakers who are stupid, hateful, ignorant, biased, unfair, irresponsible—we draw the line with “malice,” a tough standard to prove—and we also allow “truth” as a defense.
In a landmark case in 1964— New York Times Co. v. Sullivan— the Supreme Court made it extremely hard to win a libel suit against the media. Today, for Donald Trump to win a libel suit against the NYT or Washington Post or CNN, he’d need to prove the media outlet knew the information was wholly and patently false or that it was published "with reckless disregard of whether it was false or not."
Getting information wrong is no cause for libel. 
Media bias is no cause for libel.

But Donald Trump’s tweet today is cause for great alarm. If our nation allows The Donald or any other elected official to win a lawsuit for libel against a news outlet—even Breitbart— we will lose an essential feature of our democracy. 

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