While we aren’t reporting the news here in the Teak Media blog, we thought it important to at least note that the freedom of the press, enshrined in the First Amendment, is under the attack of the 47th president. From filing lawsuits against media networks, to banning media from the White House press briefings, the Trump administration is flexing its muscles against the media in ways that affront the U.S. Constitution.
Within weeks of the inauguration, the Trump White House banned the Associated Press (AP) from press briefings and Air Force One because it will not adhere to Trump’s request to rename the Gulf of Mexico as the Gulf of America. The AP, founded in 1846, and operating in nearly 250 locations and 100 countries, literally writes the style guide that is followed by most journalists. Press organizations including the White House Correspondents Association and PEN America are backing up the AP, characterizing efforts to keep them out as punishment.
The AP may be the most high-profile case, but it is not the only example of the Trump Administration changing the way it deals with the media. Secretary of Defense Pete Hegseth, himself a former FOX News anchor, has evicted The New York Times, NBC, NPR, Politico, CNN, The Washington Post, The Hill and War Zone from their offices at the Pentagon for what he says will be an annual rotation. Their replacements are Breitbart News, One America News Network, The New York Post, HuffPost, Newsmax, the Washington Examiner, the Daily Caller, and the Free Press. Retired CNN Pentagon reporter Barbara Starr wrote in Columbia Journalism Review that not having an office prevents journalists from having the day to day interactions critical to doing their job well. Reporter and major Trump critic Jim Acosta left CNN after he was told his show was being moved to midnight, a move one media executive reportedly said was “throwing a bone to Trump.”
Public news organizations are also getting attention. The new head of the Federal Communications Commission Brendan Carr has launched an investigation into two major public news outlets, NPR and PBS, accusing them of violating federal law by airing commercials, a claim the CEOs of both networks deny. Boston based PBS, and NPR station GBH, have removed references to diversity, equity, and inclusion from their websites because of an executive order aimed at ending DEI initiatives for recipients of federal funding and grants. Eight percent of their annual budget comes from the Corporation for Public Broadcasting, which is funded by the federal government.
Then there are the lawsuits. The parent company of CBS, Paramount, is in talks to settle President Trump’s lawsuit against the network. The President is seeking $20B in damages from CBS over its editing of a 60 Minutes interview with former Vice President Kamala Harris after a federal judge denied the dismissal of the lawsuit. The network has released transcripts of the full interview, saying it proves the broadcast wasn’t doctored, nor was their editing deceitful or manipulative. Adding pressure to CBS, the suit comes as Paramount is planning a multibillion dollar merger with Skydance, a move the FCC could block.
In similar news, ABC’s parent company, the Walt Disney Co, agreed to pay $15M to settle a defamation lawsuit brought by President Trump over a story in which anchor George Stephanopoulos mistakenly said Trump was found liable for rape, rather than the accurate charge of sexual abuse.
The most significant case that could impact freedom of the press is one getting far less coverage. Casino mogul Steve Wynn has asked the U.S. Supreme Court to review its 2018 defamation case against the AP that was rejected last year by the Nevada Supreme Court. If the nation’s highest court takes on the case, it could weaken the New York Times v Sullivan ruling that hampers the ability of public officials to sue for defamation. Under that ruling, public figures must prove actual malice – that the news outlet knew the statement was false before publishing or showed reckless disregard for the truth. Overturning it would open the floodgates to suits, allowing any public figure to sue over any story they disagree with, which would have a freezing effect on journalists.
To media followers, and anyone who understands the value of the Fourth Estate to Democracy, the current attack on the media feels surreal and extremely disheartening. We can only hope that eliminating freedom of the press from the U.S. Constitution will be unlikely because the Founding Fathers made it difficult to change, requiring a two-thirds vote of both the U.S. Senate and the U.S. House of Representatives as well as approval from three-quarters of the states. We will look to the Judicial branch to fulfill the checks and balances role for which it was created and act as the federal judges and U.S. district judges, who have issued rulings against other administration actions including a freeze on foreign aid and an executive order rescinding birthright citizenship.
There are also steps all citizens can take to support the freedom of the press. Write letters and call politicians to express your support for causes you care about including journalism. Subscribe to local newspapers and donate to public media outlets to keep the lights on and journalists paid. Seek out news from reputable sources. Don’t overly rely on social media platforms to find out what is happening. Use tools like the AllSides Media Bias Chart to evaluate the political slant outlets may have. Watch out for language that evokes emotion rather than shares facts, such as describing politicians or journalists as being “hysterical” or saying someone is in “full meltdown.” Watch raw footage of hearings and speeches when you can, so you can formulate your own opinion about what is being said rather than relying on the post-event spin. You can find more tips for building a healthy news diet here.
For journalism to survive, it needs an audience to think critically about the news consumed and question those in power when necessary. Being that audience and paying attention to what is happening can help secure the future of the freedom of the press.
Banner image: © Jim Lo Scalzo/EPA/Bloomberg/Getty Images
