02-13-2025
A recent New York Times article examined the President’s lawsuits against news organizations and how the media seems to capitulate. Trump sued CBS News and The Des Moines Register for deceptive advertising. The Texas CBS lawsuit accused the network of deceptively editing a “60 Minutes” interview of former Vice-President Kamala Harris. CBS purportedly “doctored” the interview to present Harris in a “positive light,” which was “false, misleading, or deceptive.” No evidence has yet shown that CBS edited the interview to manipulate viewers. Moreover, there is no support to show that the interview misled voters or damaged Trump in any way. Legal watchers question Trump’s legal standing because he has no ties to Texas. However, filing in Texas gives Trump the ability to go before his appointee, who has previously shown deep support for conservative lawsuits. Trump sued The Des Moines Register for publishing Ann Selzer’s poll showing Harris leading Trump in the polls (Trump won the state decisively). Both news organizations denied the allegations and have moved to dismiss the cases.
First Amendment experts consider these actions legally weak. Irrespective of whether these suits have any merit, Paramount, CBS’s parent company, and Trump are in settlement discussions. Getting media companies to settle these lawsuits will likely encourage the use of this type of action to pressure the media to behave in certain ways. Using consumer deception as the basis for the claims, rather than the First Amendment, is a new tactic. First Amendment lawsuits against the press are challenging because of the longstanding protections for news organizations. The idea of suing for violating consumer protection laws is popular with conservatives, per The New York Times. Media lawyers generally see these lawsuits as a means to punish political speech and news coverage they do not like.