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?

As chair of a public policy institute devoted to strengthening deliberative democracy, I have written two books........

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