Libel Law, Trump & Media

“I'm going to open up our libel laws so that when the New York Times and the Washington Post write purposefully negative, horrible, and false articles, we can sue them and win lots of money,” President Donald Trump recently remarked. This is just one of many social issues plaguing American society, politics, and media. Libel is a law that prohibits the publication of false facts that hurt someone's reputation (defamation). The essence of the problem we're witnessing with fake news is the tension between First Amendment rights to free speech and the interests protected by defamation laws. Individual Americans have a right not to be subjected to falsehoods that impugn their character, even if the press' primary objective is to report on public-interest matters.

False statements alleging a person has committed a crime or engaged in criminal activity are examples of defamatory statements. Reputational harm is at the heart of a defamation case. Former United States Supreme Court Justice Potter Stewart remarked in Rosenblatt v. Baer (1966) that the tort of defamation, “reflects no more than our basic concept of the essential dignity and worth of every human being. A concept at the root of any decent system of ordered liberty.”

Individuals who are prominent figures must achieve a higher standard in libel proceedings, frequently establishing actual malice, as opposed to private citizens who just need to show carelessness to recover damages.

The Nick Sandmann (Covington Catholic School) libel case was a recent libel case that drew a lot of attention from the conversative party. Sandmann got national

prominence after an altercation with a Native American on the steps of the Lincoln Memorial, and CNN agreed to settle a libel case filed by him. CNN painted Nick Sandmann as the aggressor, accusing him of being racist and bullying the Native American. The Native Americans taunted a group of adolescents who described themselves as Black Israelites, according to video released later. Because of Nick Sandmann's multiple death threats, future college admittance, and reputation, a libel lawsuit was initiated. Sandmann filed a $250 million lawsuit against the Washington Post, followed by a $275 million lawsuit against CNN (which both companies settled).

The necessity to regulate social media has become more pressing than ever in the year

2021. Controlling and limiting conservative viewpoints on social media platforms has become a serious concern. During Trump's presidency (August 2020), he sought the court to reject Big Tech's lawsuit against a social media executive order that targeted social media corporations (regulate social media platforms). According to the administration, the executive order only

authorizes government agencies to act, not private enterprises. It is through these regulatory measures that the atmosphere is created for the continuation of first amendment safeguards for the citizens of the United States.

The imperative to govern defamation, media, and voices has become increasingly obvious as the globe advances through social media platforms.