Trump Seeks to Undo Press Protections

 

President Donald Trump is again attacking the American press – this time not with fiery rally speeches or by calling the media “the enemy of the people,” but through the courts.

Since the heat of the November 2024 election, and continuing into July, Trump has filed defamation lawsuits against “60 Minutes” broadcaster CBS News and The Wall Street Journal. He has also sued the Des Moines Register for publishing a poll just before the 2024 election that Trump alleges exaggerated support for Democratic candidate Kamala Harris and thus constituted election interference and fraud.

These are in addition to other lawsuits Trump filed against the news media during his first term and during his years out of office between 2021 and 2025.

At the heart of Trump’s complaints is a familiar refrain: The media is not only biased, but dishonest, corrupt and dangerous.

The president isn’t just upset about reporting on him that he thinks is unfair. He wants to redefine what counts as libel and make it easier for public officials to sue for damages. A libel suit is a civil tort claim seeking damages when a person believes something false has been printed or broadcast about them and so harmed their reputation.

Redefining libel in this way would require overturning the Supreme Court’s 1964 ruling in New York Times Co. v. Sullivan, one of the most important First Amendment legal rulings in American constitutional history

Trump made overturning Sullivan a talking point during his first campaign for president; his lawsuits now put that threat into action. And they raise the question: What happened in Sullivan, and why does it still matter?

President Donald Trump discusses U.S. libel laws on Jan. 10, 2018, calling them a ‘sham’ and a ‘disgrace’ during comments to reporters at the White House.

What Sullivan was about

As chair of a public policy institute devoted to strengthening deliberative democracy, I have written two books about the media and the presidency, and another about media ethics. My research traces how news institutions shape civic life and why healthy democracies rely on free expression.

In 1960, The New York Times published a full-page advertisement titled “Heed Their Rising Voices”. The ad, which included an appeal for readers to send money in support of Martin Luther King Jr. and the movement against Jim Crow, described brutal and unjust treatment of Black students and protesters in Montgomery, Alabama. It also emphasized episodes of police violence against peaceful demonstrations.

The ad was not entirely accurate in its description of the behavior of either protesters or the police.

It claimed, for instance, that activists had sung “My Country ’Tis of Thee” on the steps of the state capitol during a rally, when they actually had sung the national anthem. It said that “truckloads of police armed with shotguns and tear-gas” had “ringed” a college campus, when the police had only been deployed nearby. And it asserted that King had been arrested seven times in Alabama, when the real number was four.

Though the ad did not identify any individual public officials by name, it disparaged the behavior of Montgomery police.

That’s where L.B. Sullivan came in.

As Montgomery’s police commissioner, he oversaw the police department. Sullivan claimed that because the ad maligned the conduct of law enforcement, it had implicitly defamed him. In 1960 in Alabama, a primary defense against libel was truth. But since there were mistakes in the ad, a truth defense could not be raised. Sullivan sued for damages, and an Alabama jury awarded him US$500,000, equivalent to $5,450,000 in 2025.

The message to the press was clear: criticize Southern officials and risk being sued out of existence.

In fact, the Sullivan lawsuit was not an isolated incident, but part of a broader strategy. In addition to Sullivan, four other Montgomery officials filed suits against the Times.

In Birmingham, public officials filed seven libel lawsuits over Times reporter Harrison Salisbury’s trenchant reporting about racism in that city. The lawsuits helped push the Times to the edge of bankruptcy. Salisbury was even indicted for seditious libel  and faced up to 21 years in prison.

Alabama officials also sued CBS, The Associated Press, the Saturday Evening Post and Ladies’ Home Journal – all for reporting on civil rights and the South’s brutal response.

Montgomery, Ala., Police Commissioner L.B. Sullivan, second left, and his attorneys celebrate his $500,000 libel suit victory in a county court on Nov. 3, 1960. Bettman/Getty Images

The Supreme Court decision

The jury’s verdict in favor of Sullivan was unanimously overturned by the Supreme Court in 1964.

Writing for the court, Justice William Brennan held that public officials cannot prevail in defamation lawsuits merely by showing that statements are false. Instead, they must prove such statements are made with “actual malice”. Actual malice means a reporter or press outlet knew their story was false or else acted with reckless disregard for the truth.

The decision set a high bar.

Before the ruling, the First Amendment’s protections for speech and the press didn’t offer much help to the press in libel cases.

After it, public officials who wanted to sue the press would have to prove “actual malice” – real, purposeful untruths that caused harm. Honest mistakes weren’t enough to prevail in such lawsuits. The court held that errors are inevitable in public debate and that protecting those mistakes is essential to keeping debate open and free.

Nonviolent protest and the press

In essence, the court ruling blocked government officials from suing for libel with ulterior motives.

King and other civil rights leaders relied on a strategy of nonviolent protest to expose injustice through public, visible actions.

When protesters were arrested, beaten or hosed in the streets, their goal was not chaos – it was clarity. They wanted the nation to see what Southern oppression looked like. For that, they needed press coverage.

If Sullivan’s lawsuit had succeeded, it could have bullied the press away from covering civil rights altogether. The Supreme Court recognized this danger.

Public officials treated differently

Another key element of the court’s reasoning was its distinction between public officials and private citizens.

Elected leaders, the court said, can use mass media to defend themselves in ways ordinary people cannot.

“The public official certainly has equal if not greater access than most private citizens to media of communication,” Justice Brennan wrote in the Sullivan ruling.

Trump is a perfect example of this dynamic. He masterfully uses social media, rallies, televised interviews and impromptu remarks to push back. He doesn’t need the courts.

Giving public officials the power to sue over news stories they dislike could well create a chilling effect on the media that undermines government accountability and distorts public discourse.

“The theory of our Constitution is that every citizen may speak his mind and every newspaper express its view on matters of public concern and may not be barred from speaking or publishing because those in control of government think that what is said or written is unwise,” Brennan wrote.

“In a democratic society, one who assumes to act for the citizens in an executive, legislative, or judicial capacity must expect that his official acts will be commented upon and criticized.”

Why Sullivan still matters

The Sullivan ruling is more than a legal doctrine. It is a shared agreement about the kind of democracy Americans aspire to. It affirms a press duty to hold power to account, and a public right to hear facts and information that those in power want to suppress.

The ruling protects the right to criticize those in power and affirms that the press is not a nuisance, but an essential part of a functioning democracy. It ensures that political leaders cannot insulate themselves from scrutiny by silencing their critics through intimidation or litigation.

Trump’s lawsuits seek to undo these press protections. He presents himself as the victim of a dishonest press and hopes to use the legal system to punish those he perceives to be his detractors.

The decision in the Sullivan case reminds Americans that democracy doesn’t depend on leaders who feel comfortable. It depends on a public that is free to speak.

by Stephanie A. (Sam) Martin
-The Conversation