12-23-2024
On March 10, 2024, George Stephanopoulos said on-air that Donald Trump had been “found liable for rape” in the E. Jean Carroll civil case. The jury in that case returned a guilty verdict against Trump for sexually abusing Carroll. The judge had noted that New York has a narrow definition of rape (i.e., vaginal penetration by male genitalia only). Trump filed a defamation lawsuit against ABC and Stephanopoulos one week after the broadcast. To establish defamation by the news anchor, Trump, as a public figure, must show “actual malice.”
In December, Disney (ABC’s parent company) reached a $15 million settlement with Trump. Disney will donate the money to his presidential foundation, and an additional $1 million will go to legal fees. Given the negative backlash to the decision, The New York Times investigated why Disney decided to settle. Disney lost motions to dismiss and delay the case. The organization had concerns that a red-state Florida jury would side with Trump. They believed the law supported Disney but did not want to litigate against a “vindictive sitting president” and risk the brand. Trump has mentioned stripping ABC of its broadcasting license. Disney was also purportedly concerned Trump would take the matter to the U.S. Supreme Court, where a conservative court could overturn a landmark First Amendment decision, which made it harder for public figures to prove defamation.
ABC publicly said it was “pleased” the lawsuit was resolved. Journalists largely found the settlement concerning. A former Washington Post writer told the NYT that it set “an awful precedent” and ABC was a “huge sellout.” Trump’s prior lawsuits against media outlets have mostly failed. The NYT stated that many experts expressed worry that the settlement will serve to encourage Trump to go after more outlets. Trump has since filed a lawsuit against the Des Moines Register for publishing an incorrect poll before the election.