Donald Trump and his allies have started to wage a campaign against media organisations in the US that are critical of the president-elect by launching lawsuits that media experts warn are designed to stifle dissent and potentially put them out of business.
The tactic appears to be to aggressively pursue legal action against news organisations – which Trump has long dubbed “enemies of the people” – by asking for often hefty sums in damages. The cases are launched even if the odds of success sometimes appear long, because even an unsuccessful court action can be expensive for a cash-strapped media company and act as a deterrent.
“The recent spate of lawsuits that he has filed, and his public threat to ‘straighten out the press’, do seem to signal an increased effort by Trump and his allies to go after the press through lawsuits,” said Anna Diakun, staff attorney and managing attorney, fellowship program, for the Knight First Amendment Institute at Columbia University.
Last week alone saw several developments that deeply worry defenders of press freedom in the US.
Trump sued Iowa pollster J Ann Selzer and the Des Moines Register newspaper for alleged “brazen election interference” in a civil suit that shocked free speech defenders.
One advocate said the suit was potentially “the most appalling example” of Trump’s efforts to weaponize courts against opponents.
The survey in question, published days before the election, had shown Democratic opponent Kamala Harris besting Trump by three points in a state that had long been considered a slam-dunk for him. Selzer was proved wrong and Trump later cruised to victory in Iowa with more than 55% of the vote.
Despite winning handily – suggesting the poll had no impact on him whatsoever – Trump still went on the attack.
Trump sued under the Iowa Consumer Fraud Act, claiming Selzer and the newspaper flouted a law meant to protect people from “fraud”. Trump’s suit said the action was necessary “to deter defendants and their fellow radicals from continuing to act with corrupt intent in releasing polls manufactured for the purpose of skewing election results in favor of Democrats”.
But the Iowa suit came after several other Trump legal actions against the press. ABC News reached a $15m settlement with Trump on 14 December – agreeing to pay a foundation and museum to be established by the president-elect, and publicly apologizing – following a defamation suit he filed earlier in 2024.
The suit stemmed from network star George Stephanopoulos’s mistaken comments in an interview that Trump had been found “liable for rape” in a civil lawsuit brought by Elle columnist E Jean Carroll. The jury in fact determined that Trump “sexually abused” Carroll, but did not find that he had raped her.
“We are pleased that the parties have reached an agreement to dismiss the lawsuit on the terms in the court filing,” an ABC News spokesman said of the suit, according to the Associated Press.
Trump is also suing CBS News over Kamala Harris’ interview on 60 Minutes, alleging it had been deceptively edited and also pursuing a copyright action against publisher Simon & Schuster relating to audio recordings of the author’s interviews with him.
Trump has previously said he wants to “take a strong look” at US libel laws, describing them as a “sham and a disgrace and do not represent American values and American fairness”.
“That is the most recent and in one sense, the most appalling example of Mr Trump’s efforts to use the judicial system to punish his critics,” Floyd Abrams, the famed first amendment attorney, said of the Iowa suit.
“It’s not just that there are no damages that he can plausibly state in such a case,” Abrams said, noting that Trump won the election, which undermines claims that he suffered as a result of an incorrect poll. “It appears to be nothing more or less than an effort to punish the newspaper and its pollster, because they dared to take a position which turned out to be inaccurate.
“He is seeking to punish them, he is seeking to harm them, because in his mind, they harmed him by making him worry and leading the pollsters around the country to think the races would be a lot closer than it turned out to be … There’s certainly no justifiable basis for such a lawsuit,” Abrams said.
Several first amendment experts said that ABC’s decision to settle could foster still more attacks on the press.
“His recent settlement victory against ABC is particularly concerning, because it may embolden Trump to file any number of similar lawsuits hoping for the same result,” said Diakun.
Even completely meritless lawsuits present serious risks to the media.
“They often take up considerable time and resources, and can threaten the survival of smaller news outlets that are already struggling to make ends meet,” Diakun said. “Some news organizations may decide to settle frivolous suits to avoid staggering litigation costs and spending months or years defending against the suit.”
“Because of this, these suits will have a significant chilling effect on news outlets. Even the threat of legal action may lead some to self-censor, rather than risk retribution. This is no accident – it appears to be Trump’s goal.”
“The bottom line is that Trump’s lawsuits against media organizations – and his threats to file more – are a danger to press freedom.”
Roy S Gutterman, director of the Newhouse School’s Tully Center for Free Speech at Syracuse University, expressed similar sentiments and pointed out how important America’s media and the freedom of the press were to the healthy functioning of civic society.
“The lawsuits and threats certainly seem like a continuation of Trump’s litigiousness,” Gutterman said. “The difference, now, is that he secured a settlement and looks like he’s transitioning into an administration with broad support from the other branches of government. The system of checks and balances inherent to our governing system seems to be tilted.”
Gutterman said that ABC’s decision to settle “must have looked like a smart thing to do from ABC’s perspective”. This could make it harder for other press, however.
“This could also give impetus to others to sue media outlets hoping for a settlement,” Gutterman said. “There is concern that the fear of being sued might discourage other media outlets from aggressively pursuing the news that might be critical of the administration. That is a real concern.”
The Des Moines Register spokesperson Lark-Marie Anton said they “believe this lawsuit is without merit” and that the paper acknowledged that this poll didn’t reflect Trump’s final margin over Harris. Anton also said they released the survey’s “full demographics, cross tabs, weighted and unweighted data, as well as a technical explanation from pollster Ann Selzer.
“We stand by our reporting on the matter and will vigorously defend our first amendment rights,” Anton said.
The Guardian contacted Trump’s legal and communications team to ask whether they had comment on concerns that lawsuits against media organizations could have a chilling effect on free speech.
Steven Cheung, a Trump spokesperson, said in an email: “President Trump will continue to hold those who have committed, and are committing wrongdoings, accountable for blatantly false and dishonest reporting, which serves no public interest and only seeks to interfere in our elections on behalf of political partisans.”
