Transcript
Phil (0:00)
Since 2020, Donald Trump has sued at least 10 media outlets at least 15 times for defamation. And these lawsuits have come from reporting on his taxes, releasing recorded audio of him saying he lost the 2020 election, publishing critical op eds and polls he didn't like, editing an interview of Kamala Harris for a promo, giving Pulitzer Prizes to stories he didn't like, and now publishing a birthday card that he allegedly wrote to Jeffrey Epstein. And all of these lawsuits have, for the most part, been dismissed because President Trump is a very public figure. And in order to fame a public figure, you really have to try to do it. But here's essentially how it works. Imagine you're President Trump and you're suing Good Faith podcast for defamation. You first have to prove that what I published is factually false. You then also have to prove that I did it with actual malice. And actually, even before all that, if what I said was clearly my opinion or a joke, exaggeration, satire, or if I was quoting something from the public record, it doesn't count as defamation. And then, I mean, if you get that far, you now have to prove that I have harmed your reputation in a real, measurable way. And the burden of proof is actually on the most powerful, not the media. And this standard is relatively new in America and was fiercely fought for. In 1733, the royal governor of New York, Bill Cosby, sent the police to arrest John Peter Zenger of sedition, malicious libel, after he published information that was critical of him. You see, his New York Weekly Journal revealed that Cosby was trying to rig elections and stealing tax money and firing members of the government responsible for keeping him in line. Which also makes me wonder, why is.
Alex Perlman (1:14)
It always a New Yorker?
Phil (1:15)
But Zhangary goes on trial, and the case is pretty straightforward. It is seditious libel to criticize the Crown, regardless if what you're saying is true. And he had already admitted to publishing it, but his lawyers, they argued that while he may be guilty, the truth should be a defense against libel, and therefore he shouldn't be punished. And so the judge actually shuts this down and tells the jury to return with a guilty verdict, but the jury returns with a not guilty verdict, saying that you shouldn't be punished for telling the truth. And that ruling would actually go on to inspire the creation of the First Amendment. And then 200 years later, Southern officials began suing northern newspapers for libel in an attempt to get them to stop covering the civil rights movement and the police brutality that was being subjected on so many people by bankrupting them and eventually this reaches the Supreme Court in Sullivan v. New York Times, which is a case where Sullivan, the city commissioner of Montgomery, he was suing the Times over an ad that they had run saying that the city had arrested Martin Luther King Jr. Seven times when they had actually only arrested him four times. In the court. It sees what the south is up to here and flips libel laws on their head, saying, if we're going to be society, you have to be able to criticize the government without fear of being sued, and reporters have to be able to publish information that they believe to be true in the moment. And so they set up the current standard for defamation. But the issue is that recently no one's been willing to defend it. You're seeing things like ABC settling with Trump in December last year for $15 million after George Stephanopoulos said on air that Trump had been found liable of rape when he had actually been found liable of sexual abuse. And you had many experts saying that if ABC had actually fought that, they almost certainly would have won. But they ended up settling, and it opened up the floodgates for Trump to begin suing many more outlets. And so you're seeing things like earlier this month, Paramount settling Trump for $16 million over what appeared to be a false accusation that they had deceivingly edited. Kamala Harris, 60 Minutes interview with Again, experts saying that if Paramount had let CBS fight the case, they probably would have won. But all of this is also Paramount is trying to complete a merger that Trump can block, and it's widely believed that that's why they settled. Or with many seeing this as an attempt to appease a president who uses the powers of the government as if he was a dictator. And that is, others believe that all of this has led to things like the firing of Stephen Colbert, the end of the Late show, and the muzzling of 60 Minutes. Now you've got Trump suing the Wall Street Journal, its parent company Dow Jones, and their parent company, News Corps, and their owners. The along with three journalists because of their latest story titled Jeffrey Epstein's friends sent him bawdy letters for a 50th birthday album. One was from Donald Trump, with Trump reportedly speaking to the editor and Rupert Murdoch to try to kill the story before it was published. And when that failed, he ended up suing the paper for defamation, seeking $10 billion in damages. So it appears that we're in a situation where the president is simultaneously an institution beyond the reach of criminal law and also a private person who can file a defamation suit when he dislikes a news article, you know what happens here, it could determine the future of America. And if the Murdochs roll over here, I mean, to be honest with you, everyone's probably in grave danger. At least for now, it appears that's not happening because the Dow Joneses pledged to back and defend the Journal's reporting in what should be an easy win for them, with some experts saying that Trump may have actually bit off more than he can chew here. For one, at least as of when I'm recording this, Trump's representing himself in the case. It's not clear if that's actually going to happen, but as of right now, it is. And with all this, he'd have to submit to discovery over his relationship with Jeffrey Epstein and undergo a deposition, because, remember, it is on Trump to prove that he didn't send that birthday card. And the man that he's up against is Rupert Murdoch, the inspiration for Logan Roy. You're talking about a man who's been described as a bastard who loves to fight.
