Legal Assaults on Press Freedom Escalate Under Renewed Threat to Landmark Libel Protections

David Enrich's new book, 'Murder the Truth,' examines the growing attacks on New York Times v. Sullivan and their implications for journalism in Donald Trump's second term.

The landmark 1964 Supreme Court decision in New York Times v. Sullivan, which established the 'actual malice' standard for defamation cases, is facing renewed challenges from conservative legal movements and the Supreme Court's conservative majority.
David Enrich's book, 'Murder the Truth,' details a coordinated effort by lawyers, wealthy individuals, and politicians to weaken press protections, often using costly and intimidating lawsuits to silence investigative journalism.
Supreme Court Justices Clarence Thomas and Neil Gorsuch have publicly criticized Sullivan, with Thomas advocating for its complete overturn and Gorsuch suggesting it enables disinformation, signaling potential shifts in libel law precedent.
The Trump administration has intensified attacks on the press through lawsuits, regulatory pressures, and incendiary rhetoric, raising concerns about the chilling effects on media independence and investigative reporting.
Smaller and local news organizations are disproportionately affected by rising legal threats, often facing financial ruin or abandoning critical stories due to the high cost of defending against defamation claims.