Trump’s new defamation suit against NY Times and Penguin Random House

It’s not exactly election law news, narrowly defined, but it seems significant enough to worth noting: Trump has filed a Florida state-law defamation complaint against the New York Times, several of its star reporters, and also Penguin Random House and the authors of the book Lucky Loser: How Donald Trump Squandered His Father’s Fortune and Created the Illusion of Success. The suit seeks $15 billion–yes, that’s billions with a b–in damages. There’s plenty of news coverage of it this morning; it leads the POLITICO Playbook newsletter, where I first saw it.

I know that Trump secured a settlement with Paramount (CBS), and maybe that’s his strategy here. It is perhaps ironic to recall that the landmark defamation case New York Times v. Sullivan involved a lawsuit in a state court by a public official against the same newspaper. Justices Thomas and Gorsuch have called for reconsidering that First Amendment precedent. We will see what if anything develops on that front, especially in the wake of calls (including by AG Pam Bondi) to suppress hate speech in the wake of Charlie Kirk’s horrific assassination. (Bondi’s remarks provoked this commentary on the National Review.) I don’t want to be a First Amendment alarmist–and as anyone who’s taught a First Amendment course knows (it’s been quite a few years for me), there are significant line-drawing issues in many areas of First Amendment law–but it’s obviously essential for any health democracy that politicians in power cannot suppress dissent because they don’t like criticism of their conduct or character. (I learned First Amendment law from the great Vince Blasi, who emphasized this key point, including in his article The Checking Value in First Amendment Theory. Another one of his articles, The Pathological Perspective and the First Amendment, which I had the privilege to cite-check as a junior law review staff member, also seems relevant at this moment.)

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