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"Governments and powerful figures threatening journalists and media outlets with costly legal battles and bankruptcy is a common tactic against press freedom in repressive countries," said one journalist.
"The press freedom fire is at our door step now," said one Washington Post journalist on Thursday night after news broke that two months before President-elect Donald Trump is set to take office, he has already begun to wage legal warfare against on the news media.
The Columbia Journalism Review (CJR)reported that days before the election, a lawyer for Trump, Edward Andrew Paltzik, sent a letter to The New York Times and Penguin Random House demanding $10 billion in damages for publishing articles and a book that were critical of the president-elect, who was convicted of 34 felony counts earlier this year.
Trump's legal team took issue with a book by Times journalists Susanne Craig and Russ Buettner titled Lucky Loser: How Donald Trump Squandered His Father’s Fortune and Created the Illusion of Success. They also said they were demanding damages over "false and defamatory statements" in the October 20 article "For Trump, a Lifetime of Scandals Heads Toward a Moment of Judgment" by Peter Baker and the October 22 piece "As Election Nears, Kelly Warns Trump Would Rule Like a Dictator" by Michael Schmidt.
The former article covered numerous wrongdoings by the president-elect and accusations against him, pointing out that he "is the only president in American history impeached twice for high crimes and misdemeanors, the only president ever indicted on criminal charges, and the only president to be convicted of a felony (34, in fact)," and that he has also boasted about sexually assaulting women and spearheaded numerous businesses that went bankrupt.
The latter article detailed comments by Trump's former chief of staff, John Kelly, who told the Times that the definition of fascism accurately describes Trump.
The president-elect himself said while campaigning that he planned to govern as a dictator only on "Day One" of his term in office.
"Governments and powerful figures threatening journalists and media outlets with costly legal battles and bankruptcy is a common tactic against press freedom in repressive countries."
Paltzik told the newspaper that the articles demonstrate the Times' "intention of defaming and disparaging the world-renowned Trump brand that consumers have long associated with excellence, luxury, and success in entertainment, hospitality, and real estate, among many other industries, as well as falsely and maliciously defaming and disparaging him as a candidate for the highest office in the United States."
The CJR reported that the Times responded to Paltzik's letter, telling him the newspaper stood by its reporting on Trump.
As Barry Malone, deputy editor-in-chief of the Thomson Reuters Foundation, said on social media on Friday, Trump's legal threats may be designed not to actually win billions of dollars in damages but "to tie the media up with time-consuming and often prohibitively expensive cases."
The Times and Penguin Random House threats were reported two weeks after Trump suedCBS News for another $10 billion, claiming an interview with Democratic Vice President Kamala Harris, who lost the November 5 election, was unfairly edited to present her in a positive light and qualified as "election interference."
CBS said it would "vigorously defend" its journalistic practices and called the lawsuit "completely without merit"—a similar response to the one by The Washington Post, which was accused by Trump on the same day of making an illegal in-kind donation to Harris.
Anne Champion, an attorney who has represented several journalists and CNN in legal cases initiated by Trump, told the CJR that the legal threats will likely have "a mental chilling effect" on reporters and news outlets in the United States as Trump prepares to take office.
"It is both conscious and unconscious," said Champion. "Journalists at smaller outlets know very well that the costs for their organization to defend themselves could mean bankruptcy. Even journalists at larger outlets don't want to burden themselves or their employees with lawsuits. It puts another layer of influence into the journalistic process."
Trump has a longstanding disdain for the media, saying numerous times during his first term that journalists were the "enemy of the people." During one campaign rally just before the election he said he wouldn't "mind" if reporters at the event were shot, and he called the media the "enemy camp" during his victory speech last week.
During his first term he also threatened to "take a strong look at our country's libel laws"—which are actually controlled by states, not the federal government—and ensure that "when somebody says something that is false and defamatory about someone, that person will have meaningful recourse in our courts."
The American Civil Liberties Union pointed out at the time that the First Amendment and the lack of federal libel laws would stand in Trump's way, but on Thursday Lachlan Cartwright wrote at CJR that "the drumbeat of legal threats signals a potentially ominous trend for journalists during Trump's second term in office."
As Washington Post columnist Karen Attiah noted on the social media platform Bluesky, "governments and powerful figures threatening journalists and media outlets with costly legal battles and bankruptcy is a common tactic against press freedom in repressive countries."
The longtime conservative NYT columnist is certainly not a member of the political left. But his recent admission still has something to offer us.
Has Donald Trump’s victory on November 5 turned the New York Times’ most prominent and popular conservative columnist David Brooks into a “Bernie bro?” To read his “morning-after” piece—“Voters to Elites: Do You See Me Now?”—might well make you think so.
Responding to the polls showing that more working-class voters in all their diversity had voted for the Trump/Vance ticket than for that of Harris/Walz, Brooks proffered nothing less than an historical class-analysis of what had led them to turn from the “Party of the People” to the party of a billionaire real-estate mogul and his Make America Great Again politics. In fact, even before Sanders himself issued a post-election attack on the Democratic Establishment stating that “It should come as no great surprise that a Democratic Party which has abandoned working class people would find that the working class has abandoned them,” Brooks charged the Democrats with having failed to fulfill their primary political responsibility.
“The Democratic Party has one job: to combat inequality," wrote Brooks. "Here was a great chasm of inequality right before their noses and somehow many Democrats didn’t see it.” And he then went on to declare: “I’m a moderate. I like it when Democratic candidates run to the center. But I have to confess that Harris did that pretty effectively and it didn’t work. Maybe the Democrats have to embrace a Bernie Sanders-style disruption—something that will make people like me feel uncomfortable.”
So, has Brooks joined the Left—and if so, why should we care?
I have always taken Brooks seriously, going all the way back to his years writing for The Weekly Standard, the neo-conservative magazine published by Rupert Murdoch and edited by Bill Kristol. Brooks originally caught my attention because he was posing questions about the “purpose and promise of America” that I sincerely believed needed addressing, but which my left comrades— in contrast to past progressives and radicals from Thomas Paine to Martin Luther King Jr.—were failing to ask, if not outright scorning them.
For all of his talk about class inequality, and as much as he has come to see the light on what the Democrats should have been doing and, presumably, should be doing if they/we ever get it together and win back the White House and Congress, he still doesn’t really get what led us here...
At the same time, I never failed to recognize that as much as Brooks was asking the right questions—most notably in “A Return to National Greatness” (1997); “What is America For?” (2014) and “What are We Supposed to Do (about the growing class divide and the impending nomination of Trump)? (2016)—he was consistently offering the wrong answers. As I wrote in response to the second of those pieces: “(How could the conservative Brooks effectively answer that question?) How could he possibly appreciate and write informatively of America’s purpose and promise—the promise inscribed in our historical memory and imagination by Paine’s Common Sense, Jefferson’s Declaration, the Founders’ Preamble to the Constitution and Bill of Rights, Lincoln’s Gettysburg Address, FDR’s Four Freedoms, and King’s ‘I Have a Dream’ speech? How could he appreciate the promise that inspired not just a revolutionary war, but also generations of Americans to struggle to expand both the “We” in “We the People” and the democratic process through which “the people” can genuinely govern themselves?”
Brooks, unlike his own comrades on the right, had never been completely oblivious to questions of class. But he never wrote the kind of piece that he did on November 6 of this year—a populist class analysis and narrative that clearly holds the nation’s elites accountable for Trump’s victories in both 2016 and 2020. The very title of the column signals Brooks new sympathies. While he definitely has no affection or admiration for Trump and the MAGA crowd, he takes seriously the working-class voters who lined up with them on Election Day. Notably, he does not dismiss them as simply “deplorables,” as so many liberals have done ever since 2016. “There will be some on the left,” he writes, “who will say Trump won because of the inherent racism, sexism and authoritarianism of the American people. Apparently, those people love losing and want to do it again and again and again…. The rest of us need to look at this result with humility. American voters are not always wise, but they are generally sensible, and they have something to teach us.”
As Brooks tells it, the past 40 years of American history, which he dubs the “information age,” saw the emergence of a post-industrial class structure, a society divided into two classes, that is, a governing class of highly educated university graduates and a lower class of the less educated, in essence, the working class. In this order, “those of us in the educated class decided, with some justification, that the post-industrial economy would be built by people like ourselves, so we tailored social policies [trade policy, immigration policy, education policy, environmental policy, and technology policy] to meet our needs.” And while “we” benefited, the less educated definitely did not. They have endured, he points out, not only lower incomes, less financial security, and fewer social and cultural opportunities, but also less healthy and shorter lives. Making this social order all the more oppressive, he says, the educated class has looked down upon and lorded it over those beneath them: “That great sucking sound you heard was the redistribution of respect.”
Inevitably, the “chasms” created “led to a loss of faith, a loss of trust, a sense of betrayal” on the part of the working class.
He acknowledges that the Democratic Party was not insensible to inequality. But it “focused on racial inequality, gender inequality, and L.G.B.T.Q. inequality,” not class inequality. And he states, as “the left veered toward identitarian performance art,” Donald Trump “jumped into the class war with both feet...” and put together what the “Democratic Party once tried to build – a multiracial working-class majority.”
Of course, Brooks notes that “the Biden administration tried to woo the working class with subsidies and stimulus.” But he observes: “there is no economic solution to what is primarily a crisis of respect.”
With those words Brooks himself answers the question posed at the outset: Has Donald Trump’s victory on November 5 turned the New York Times most prominent and popular conservative columnist David Brooks into a “Bernie bro?” For all of his expressed populist sympathies and sensibilities, Brooks is not one of us. Sure, respect matters—it matters deeply. But it wasn’t the lack of respect that brought about the class divide and the injustices endured by working people.
For all of his talk about class inequality, and as much as he has come to see the light on what the Democrats should have been doing and, presumably, should be doing if they/we ever get it together and win back the White House and Congress, he still doesn’t really get what led us here and what we need to do not only to begin to find our way out of the political abyss into which we have fallen, but also go on to lead Americans to truly transcend the ever intensifying crisis of democracy that we will surely continue to confront.
So, Brooks is not one of us. But neither is he the conservative he long had been...
In short, Brooks’ narrative ignores the real class war from above waged these past 50 years by corporate bosses, Republican conservatives, and yes, Democratic neoliberals—a class war against the democratic rights secured and the progressive achievements accomplished during what historian Arthur Schlesinger, Jr. called the “Long Age of Roosevelt” from the 1930s to the early 1970s. That “great sucking sound” to which Brooks refers was not simply sucking up and redistributing respect upwards to an educated class. Even more so, it was sucking up the wealth that working people were producing and redistributing it up to multimillionaires and billionaires.
Brooks says, “The Democrats obviously have to do some major rethinking.” That’s putting it mildly. To save the Democratic Party and redeem the nation from the grip of billionaires and reactionaries, and the serious threat of outright Fascism, the Democrats are going to have to not only join with the Labor Movement in favor of articulating a progressive and social-democratic vision and agenda that polls repeatedly show the great majority of Americans truly want. They will also have to stop promising to fight for the people and, by their own actions, start encouraging the fight in the people.
Okay. So, Brooks is not one of us. But neither is he the conservative he long had been (fascists can do that to you). Thus, he can be an important ally in the struggle to defend and enhance democracy. From his perch at the Times, he speaks to not only conservatives, but also to moderate Democrats, without whom we cannot transform the Democratic Party and start taking back America.
So, David, welcome to the left, sort of.
Science has shown us that biological race, as a category, does not exist. Like it or not, according to the best evidence, there is only one biological race, the human race, and we’re all stuck in it.
“But there'll be men enough, the scum that we used for overseers, the trash that bought and sold slaves and bred them, the kind who were men with bullwhip and filth without one, the kind who have only one virtue, a white skin. Gentlemen, we'll play a symphony on that white skin, we'll make it a badge of honor. We'll put a premium on that white skin. We'll dredge the sewers and the swamps for candidates, and we'll give them their white skin - and in return, gentlemen, they will give us back what we lost through this insane [civil] war, yes, all of it." —From "Freedom Road" by Howard Fast, a novel about Reconstruction)
The idea of “race” has always been used to divide, control, and exploit. It is not a biological category. Eugenicists and White supremacists have spent generations trying to prove that it is, and they have failed. If each of us was able to banish the carefully indoctrinated idea of biological race from our minds, the world would be better off—starting with Donald Trump.
For those supporting Trump, it’s time to face up to the fact that he really is a biological racist. He is unable or unwilling to stop using racist arguments against groups that don’t have, he thinks, the same blood and breeding that he has.
Trump is into genes. There are good genes and bad genes, he says, smart genes and dumb genes, white genes and immigrant genes. Some of those good genes he finds in the white people of Minnesota.
“You have good genes, you know that, right? You have good genes. A lot of it is about the genes, isn’t it, don’t you believe? The racehorse theory, you think we’re so different? You have good genes in Minnesota.”
Like racehorses, according to Trump, some of us are bred for comfort, some for speed, some for crime, and still others for stupidity. According to his new ally, Robert F. Kennedy, Jr., who hopes to become a high-ranking U.S. health official, some of us also are bred to get Covid -- or not to get it. Kennedy said:
“Covid-19 is targeted to attack Caucasians and Black people. The people who are most immune are Ashkenazi Jews and Chinese.”
For Trump and Kennedy, the world is littered with races that form a lovely hierarchy, and their white “race,” conveniently is at the very top. Their skin color, they say, makes them most fit to rule in a ruthless Darwinian world. In this belief they join the defenders of slavery, segregation, and the builders of the gas ovens.
Their view of the world also has much in common with that of the industrialists of the early 20th century who used “race” as a tool to divide the workforce. Trump and Kennedy might value the 1926 race chart created by the Pittsburgh Central Tube Company, which shows the skills that are found in each so-called “race.” Nationality was a race, back then. Religion was a race, too. And, of course, color was a race. Each potential worker, the chart claimed, had built-in talents that could be objectively determined by industrial “race science.”
Since the 19th century, scientists have tried to prove the validity of racial categorization. Yet each claim has later been shown to be grounded in cultural beliefs, not physical science. Biological race, as a category, does not exist, science says. Like it or not, according to the best evidence, there is only one biological race, the human race, and we’re all stuck in it.
Trump also is into blood. Mixing all these lowly immigrants into America’s white blood, supposedly leads to “poisoning the blood of our country.” In this Trump connects with the “one drop rule” used during Jim Crow to identify who did or didn’t have certain rights. Who could use which bathroom, who could drink from which fountain, and who could go to which school. If you had one drop of Black blood, you were designated Black and consigned to the path of second-class citizenship.
The “stable genius” seems blissfully ignorant of the fact that each and every one of us has more than a few drops of Black blood. Our common genetic ancestors came out of Africa about 60,000 years ago. Yes, by the definition of the one drop rule, we all are Black.
Every time someone, and especially a major media outlet, uses the word “race” it triggers the idea that there is something biological involved besides skin shades. Throughout the 20th Century, “race” conjured up critical differences in pain thresholds, propensity to crime, intelligence, strength, and even lust, none of which is true.
For “races” to be equal, they must first exist as separate “races.” But they don’t. To repeat, there are no separate biological races.
Why is a Black resident of African descent in Minnesota categorically different from a white Minnesota resident of Norwegian descent? Why is one considered to be a member of a “race” and the other of an ethnic group?
Journalists would surely say that they are only using race as a social convention, that “race” is not about biology. Rather, they would explain, it is a way of describing the group of Black people in the U.S. who have formed as a result of the after effects of slavery, Jim Crow segregation, and on-going discrimination based on skin color.
To most people, however, the word “race” carries more weight than the more nuanced and accurate word “ethnicity.” The latter is viewed as benignly connected to culture and tradition. “Race,” however, after more than a century of propaganda, implies biology. If you think skin color signals a different “race,” you are more likely to think that other differences between groups are biological as well.
The commonly accepted liberal statement that “all races are created equal” also falls into the racialist trap. For “races” to be equal, they must first exist as separate “races.” But they don’t. To repeat, there are no separate biological races.
The media is very careful with words. Conventions are established in every era to describe different groups. For example, “Negro” is no longer used, nor is “Indian.” This would be a very good moment to replace the word “race” with “ethnicity,” or at least put quotations marks around it. That might help eliminate race as biology.
For those supporting Trump, it’s time to face up to the fact that he really is a biological racist. He is unable or unwilling to stop using racist arguments against groups that don’t have, he thinks, the same blood and breeding that he has. He believes in a hierarchy of races and views himself the commander-in-chief of the fictitious superior white race, the master race.
History warns us that such beliefs never work out well.