On with Kara Swisher: Trump’s Attacks on the Press and Freedom of Expression
Episode Release Date: April 3, 2025
Host: Kara Swisher, Vox Media
Guests:
- David Enrich: Business Investigations Editor for The New York Times and author of Murder the Truth, Fear, the First Amendment, and A Secret Campaign to Protect the Powerful.
- Ruth Marcus: Former Washington Post columnist, current contributor to The New Yorker.
- Ben Mullen: Media Reporter for The New York Times.
1. The Fragile State of American Media
Kara Swisher opens the discussion by highlighting the precarious position of the American media landscape, exacerbated by President Donald Trump's sustained attacks. She references the 2024 World Press Freedom Index, which ranked the United States 55th out of 180 countries, labeling it as "problematic."
Kathy Jones poignantly describes the media’s condition:
“I saw this word the other day, parliss [P A R L O U S] in case anybody wants to work on their SAT verbal scores. And it means fragile and endangered. And I think that really captures where I think the news media is.”
— [04:00]
The panelists discuss dual pressures facing the media: economic struggles due to declining business models and political intimidation from the Trump administration.
Ruth Marcus emphasizes the multifaceted assault:
“If you can scare enough people against standing up to you, then you can run roughshod over constitutional rights.”
— [12:24]
2. Legal Intimidation: Chipping Away at Defamation Protections
A significant portion of the conversation centers on the erosion of New York Times Co. v. Sullivan, a landmark Supreme Court case that sets a high bar for defamation claims against the press.
David Enrich elaborates on the "secret campaign" to undermine this protection:
“Conservative legal groups have jumped on the bandwagon. There have been judges at the federal and state level all over the country who have embraced this idea.”
— [21:57]
He explains how this strategy primarily targets public figures, making it easier to sue media outlets over critical reporting. This approach not only threatens large news organizations but also poses existential risks to smaller independent journalists.
Kathy Jones adds the economic dimension:
“The cost of defending against even the most ridiculous and unwarranted unfounded lawsuit... can be ruinous.”
— [32:02]
3. Targeting Public Broadcasting and DEI Initiatives
The Trump administration has intensified scrutiny on public broadcasters like NPR and PBS, alleging liberal bias and scrutinizing Diversity, Equity, and Inclusion (DEI) practices.
Ben Mullen discusses the impact on DEI:
“Paramount rolled back its DEI practices... that was a pretty serious sign that corporations were taking these threats from the federal government very seriously.”
— [44:53]
The panelists note that such actions undermine longstanding efforts to promote diversity within media organizations and can stifle inclusive practices, reflecting a broader strategy to dismantle progressive initiatives.
Ruth Marcus highlights the vulnerability of these institutions:
“This is all of a piece because if you can scare enough people against standing up to you, then you can run roughshod over constitutional rights.”
— [12:24]
4. The Rise of Lawfare and Its Implications
"Lawfare," the use of legal systems to achieve a political or military goal, has become a prevalent tool against the media and other institutions.
Ben Mullen draws parallels to past legal attacks:
“This idea of free speech, absolutism, suing and threatening to sue anyone whose speech he doesn't like... has been used before, like Peter Thiel’s lawsuits against Gawker Media.”
— [34:45]
David Enrich warns of the long-term consequences:
“Even if the law is on your side, you could be in really big trouble if you're the target of this.”
— [35:55]
The panel underscores that while large corporations might weather these legal storms, smaller outlets and individual journalists lack the resources to defend themselves, leading to a chilling effect on free expression.
5. Elon Musk and the Weaponization of Free Speech
The discussion broadens to include figures like Elon Musk, who have engaged in similar tactics against organizations they disagree with.
Kara Swisher cites Musk's threats:
“...his idea of free speech, absolutism, suing and threatening to sue anyone whose speech he doesn't like.”
— [34:36]
Ben Mullen recounts historical instances:
“Even if the law is on your side, you could be in really big trouble if you're the target of this.”
— [35:55]
Panelists express concern over the normalization of using legal threats as a means to suppress dissent and manipulate public discourse.
6. Freedom of Expression Beyond the Media
The Trump administration's assault extends beyond media, impacting legal professionals, universities, and even individual legal residents.
Kathy Jones outlines the broader attack:
“If you can scare enough people against standing up to you, then you can run roughshod over constitutional rights.”
— [12:24]
The panel discusses attempts to deport legal residents who protest, equating these actions to larger efforts to undermine freedom of speech.
David Enrich stresses the universal nature of First Amendment protections:
“The First Amendment protects everyone, regardless of their views.”
— [47:50]
7. Reestablishing Trust and Upholding Free Speech
Concluding the episode, the panel emphasizes the crucial role of journalists in defending the First Amendment and rebuilding public trust.
Ben Mullen encourages historical context and advocacy:
“Journalists need to stand in the breach and be advocates for the First Amendment... this is a particularly dire moment.”
— [49:21]
Ruth Marcus calls for clear communication of abnormal threats:
“This is not normal.”
— [50:39]
David Enrich advocates for truth over neutrality:
“There is no point in couching that. Trump lies a lot and his allies lie a lot... it is the job of the media to refute lies and distortions.”
— [52:43]
The panelists collectively urge media professionals to maintain integrity, transparently acknowledge biases, and actively counteract attempts to delegitimize journalism.
Conclusion
Kara Swisher wraps up by reiterating the importance of a free and independent press in safeguarding democracy. The episode serves as a stark reminder of the ongoing threats to media freedom and the broader implications for free expression in the United States.
Notable Takeaway:
The concerted legal and economic efforts by the Trump administration to undermine the media are not isolated but part of a broader strategy to erode constitutional protections and silence dissent. Journalists and media organizations must remain vigilant, uphold the principles of the First Amendment, and actively work to restore public trust amidst these challenges.
Quotes Referenced:
- Kathy Jones: "[...] 'parliss' means fragile and endangered. [...]"
- Ruth Marcus: "[...] If you can scare enough people against standing up to you, then you can run roughshod over constitutional rights."
- Ben Mullen: "[...] this is a really serious accusation that, that if you're a lawyer, if you're an executive at a media company, you should take really seriously because Elon Musk has bottomless pockets."
- David Enrich: "[...] The First Amendment protects everyone, regardless of their views."
All timestamps correspond to the provided transcript.