Fresh Air: The Campaign to Silence Journalists & Undermine Free Speech

Introduction

In the March 11, 2025 episode of Fresh Air, host Tonya Moseley delves into a pressing issue threatening the very foundation of American journalism: the orchestrated efforts to silence journalists and undermine free speech. Drawing insights from David Enrich, the New York Times' business investigations editor and author of Murder the Fear: The First Amendment and A Secret Campaign to Protect the Powerful, the conversation uncovers how legal maneuvers and strategic litigation are being weaponized against the media by powerful individuals and corporations.

Background: New York Times v. Sullivan

The episode begins by revisiting the landmark Supreme Court case, New York Times Co. v. Sullivan (1964). This pivotal decision established robust First Amendment protections for journalists, making it significantly harder for public figures to win defamation lawsuits. Specifically, the ruling requires plaintiffs to demonstrate "actual malice"—that defamatory statements were made either knowingly false or with reckless disregard for the truth.

Tonya Moseley introduces the topic:

"One day in February of 2019, during a gathering of the Supreme Court, Justice Clarence Thomas raised the prospect of overturning one of the most consequential free speech decisions ever made." ([00:16])

The Surge in Legal Threats Against the Media

David Enrich explores the alarming trend of increased legal threats against journalists, highlighting how even well-established media outlets like the New York Times have not been immune, though they are better equipped to handle such challenges. However, smaller news organizations and independent journalists face existential threats from relentless lawsuits and legal intimidation.

"We just started digging a bit deeper into the legal protections that journalists have and why it was that even with the strong protections that exist today, why these threats were all... already being effective." ([04:31])

Notable Quote:

Donald Trump: "I'm going to open up those libel laws so when they write purposely negative and horrible and false articles, we can sue them and win lots of money." ([01:08])

Key Players in the Campaign Against the Media

1. Justice Clarence Thomas

   Enrich discusses Justice Thomas's 2019 remarks suggesting a need to reconsider New York Times v. Sullivan:

   "Thomas's critique... was from the perspective of someone who believes in constitutional originalism." ([22:14])

2. Peter Thiel

   The tech billionaire played a pivotal role in the downfall of Gawker Media, financing lawsuits that ultimately led to the company's bankruptcy. This act served as a blueprint for other wealthy individuals to use litigation as a tool to silence unfavorable media coverage.

   "Thiel was angry at the way Gawker was covering him and Silicon Valley... he set out to destroy Gawker." ([33:44])

3. Donald Trump

   Trump has been at the forefront of advocating for the reform of libel laws, making numerous lawsuits against media outlets to deter unfavorable reporting.

   "If you get anything wrong about them, they're gonna sue me... we're going to open up those libel laws." ([01:08])

4. Clarelock Law Firm

   Founded by Tom Clare and Libby Locke in 2014, Clarelock specializes in defamation cases, aggressively targeting media organizations with lawsuits to intimidate and silence journalists.

   "Clarelock... decided that they would set out on their own to start their own law firm called Clarelock, that would be entirely focused on defamation cases." ([12:15])

Impact on the Media Landscape

Enrich emphasizes the chilling effect these legal strategies have on journalism:

"If we can be dragged into court and sued for millions of dollars every time we accidentally make a mistake, two things will happen. One is that smaller news outlets will simply cease to exist... or... important to hold powerful people to account." ([16:04])

This environment fosters self-censorship, particularly among smaller and independent media outlets that lack the resources to withstand prolonged legal battles. Consequently, investigative journalism, which is crucial for democracy, becomes stifled.

Notable Quote:

Enrich: "This creates a situation where the simplest, safest, most rational thing to do is to back down and stop digging into the affairs of this really litigious person or company or organization that you're writing about." ([17:58])

The Role of the Supreme Court

The discussion delves into the Supreme Court's current stance on Sullivan and the potential for it to be overturned or weakened. With Justices Clarence Thomas and Neil Gorsuch expressing skepticism about the ruling, there is concern over the future of press freedoms.

"Thomas's critique... was a real surprise to a lot of people." ([22:14])

"Gorsuch... argued that in an era when the Internet is awash in disinformation... it's not right to preserve a constitutional standard that makes it harder for public figures to sue media companies." ([25:05])

Enrich predicts that while an outright overturning of Sullivan is unlikely in the short term, incremental changes could erode its protections:

"They potentially take a case that gives them the opportunity to chip away at around the edges." ([32:11])

Consequences for Journalistic Integrity and Freedom

The episode underscores the essential role of the First Amendment in sustaining a free and vibrant press. Enrich passionately defends the media's role in democracy, arguing that weakening legal protections would undermine the ability to hold the powerful accountable.

"The media and journalism are just an incredible force for good and a force for democracy and a force for holding powerful people and institutions to account." ([43:29])

Future Implications and Media Strategy

Enrich raises concerns about the Trump administration's strategies to control the media narrative, including selective press pool compositions and potential prosecutions of journalists. He notes that while some media outlets like the Washington Post's editorial side may show signs of compliance, major newsrooms continue their rigorous reporting.

"There's no question that some of the steps that Trump and his allies in the government have been taking are designed to create that fear." ([41:14])

Conclusion

David Enrich's insights paint a dire picture of the current state and future of American journalism. The orchestrated efforts to undermine New York Times v. Sullivan and the increasing use of litigation as a tool against the media threaten the very essence of free speech and a democratic society. Enrich's book, Murder the Fear: The First Amendment and A Secret Campaign to Protect the Powerful, serves as a crucial examination of these developments, urging vigilance and action to preserve journalistic freedom.

Notable Quotes Recap:

• Donald Trump on libel laws:

  "We're going to open up those libel laws so when they write purposely negative and horrible and false articles, we can sue them and win lots of money." ([01:08])

• David Enrich on the impact of lawsuits:

  "If we can be dragged into court and sued for millions of dollars every time we accidentally make a mistake... [it] is not in the public interest." ([16:04])

• Enrich on self-censorship:

  "This creates a situation... to back down and stop digging into the affairs of this really litigious person or company." ([17:58])

• Enrich on the role of journalism:

  "The media and journalism are just an incredible force for good and a force for democracy..." ([43:29])

About David Enrich

David Enrich is the business investigations editor at the New York Times and the author of several books exploring the intersections of law, business, and power. His latest work, Murder the Fear: The First Amendment and A Secret Campaign to Protect the Powerful, investigates the systematic efforts to weaken press freedoms and the broader implications for American democracy.