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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."
"It's critically important to understand the issues confronting the news media in the places that are most pivotal in American presidential elections," said the head of Reporters Without Borders.
Known for its World Press Freedom Index, the global advocacy group Reporters Without Borders on Tuesday turned its attention to four U.S. states that are expected to be crucial in deciding the winner of the presidential election next week—and found that journalism is grappling with numerous crises in states where voters are especially reliant on the media in the last days of the campaign.
The group, also known by its French name, Reporters Sans Frontières (RSF), focused on Arizona, Pennsylvania, Florida, and Nevada in the report, titled Press Freedom in the Swing States: The Climate for U.S. Journalism Ahead of the 2024 Election, and found that journalists they surveyed were concerned about hostility from local and state officials as well as the "economic viability" of local newsrooms and individual reporters.
"There can be no democracy without press freedom, so it's critically important to understand the issues confronting the news media in the places that are most pivotal in American presidential elections," said Clayton Weimers, executive director of RSF USA.
Across the swing states, 94% of respondents said they have found that public officials ignore public records requests or stall in providing records, making reporting difficult and robbing news consumers of information. Arizona officials were found to be the most "egregious offenders," and the state had the lowest overall political score in the report.
The report comes days after Republican presidential candidate Donald Trump said at a rally in Arizona that the press is "the enemy of the people"—recycling comments he frequently made during his presidential term.
Eighty-five percent of journalists in Arizona reported that "leading politicians and political party leaders explicitly insult, threaten, or incite hatred against journalists" and "act in an antagonistic manner towards the media."
"The hostile political environment for the press exacerbates the economic pressures facing media outlets."
But Arizona was one of the swing states surveyed that has made an effort to protect journalistic sources, through a shield law that ensures reporters can protect their sources' identities; the Arizona Media Subpoena Law, which restricts subpoenas against journalists; and a recently strengthened anti-SLAPP (strategic lawsuits against public participation) law, which now protects free speech and press freedom.
The same cannot be said for Florida, which does not have a shield law and has only a "vaguely worded" anti-SLAPP measure.
Under Republican Gov. Ron DeSantis, Florida's government has become increasingly hostile to journalists, with DeSantis championing bills to make it easier to sue media outlets.
"The state is withholding public records about the governor's travel," said an anonymous news director interviewed by RSF. "Violent threats to journalists from the public is a weekly regularity."
The report points to attacks on the media by a number of Florida agencies under DeSantis, including a letter from the state health department to a Tampa TV station that threatened the general manager with jail time if the station aired an ad promoting an abortion rights-focused ballot initiative.
"The hostile political environment for the press exacerbates the economic pressures facing media outlets," said RSF. "It likely also contributes to Florida's serious news desert problem. Over 300,000 Floridians have no local news source, the third highest figure of any U.S. state."
Annual wage data for Florida was not available to RSF, but reporters in Pennsylvania told the group that their biggest concerns are economic and center on whether journalists in the state will be able to continue providing their audiences with news that could affect their lives.
Eight-one percent of respondents in Pennsylvania said that "the average media outlet struggles economically and that journalists are generally unable to earn a living wage." The median wage for journalists in the state is barely half Pennsylvania's living wage, according to the report.
Ninety-four percent of journalists and media experts in the Keystone State also said they were concerned about animosity from politicians and the public, with reporters facing "persistent online harassment" and some reporting a bomb threat that targeted a newsroom, "being followed by unknown agitators," and one incident in which journalists were "in the sights" of a rooftop militiaman with a rifle.
"County commissioners and much of the GOP establishment will not speak with us because they believe we are biased against them, mainly because we reported on local [January 6 rioters], on our congressman voting against certifying Pennsylvania electoral votes in 2020, and our continued reporting on religious and right-wing groups inciting hate against LGBTQ people and all the associated campaigns, such as banning books from school libraries and changing school curricula," one editor told RSF.
Nevada had the highest overall press freedom score, with strong anti-SLAPP laws, widespread news distribution and few news deserts, and a median reporter salary slightly exceeding the state's living wage.
But 80% of respondents in the state said officials stall or ignore public records requests all or most of the time.
Several of RSF's recommendations for legislators centered on increasing government transparency to better allow journalists to do their jobs and to serve the public interest. The group called on legislators to:
To help newsrooms cope with volatile economic conditions and dwindling resources, RSF said state legislatures should "innovate new models" including increased public funding, tax rebates for news subscriptions, and policies requiring social media companies to compensate the news media for using their content.
"RSF," said Weimers, "hopes that this report will provide a starting point for all Americans to demand improvements in their states' media ecosystems: greater transparency, better access to information, and a marketplace that enables journalism to thrive."
"Israel has repeatedly made similar unproven claims without producing credible evidence," said the Committee to Protect Journalists.
Seasoned observers of Israeli disinformation campaigns on Wednesday responded with pointed skepticism to a claim by the country's military that half a dozen Al Jazeera journalists are linked to militant Palestinian resistance groups.
The Israel Defense Forces (IDF) claimed Wednesday that intelligence recovered during the ongoing invasion of Gaza revealed that Al Jazeera journalists Anas Al-Sharif, Alaa Salama, Hossam Shabat, Ashraf Saraj, Ismail Abu Amr, and Talal Aruki are affiliated with either Hamas—which governs Palestine's coastal enclave and led the October 7, 2023 attack on Israel—or Palestinian Islamic Jihad (PIJ).
This, the IDF said, "unequivocally proves that they function as military terrorist operatives of the terrorist organizations in the Gaza Strip."
However, critics accused Israel of targeting the six journalists for exposing Israeli war crimes to the world.
"There's a very clear reason why Israel has been killing journalists," asserted U.S. investigative journalist Jeremy Scahill:
As the Washington, D.C.-based Institute for Public Accuracy noted:
Shabat... wrote Tuesday: "I'm a reporter on the ground in North Gaza, and I'm here to tell you that no aid has entered the besieged area for the past 21 days. The Israeli and American governments are spreading inaccurate information.
Al-Sharif yesterday posted a video of children killed, one with their head literally blown off. He just posted a video of civil defense crews working five hours to rescue a child.
University of Edinburgh professor Nicola Perugini noted that some of the six journalists "are covering the new phase of the genocide, the complete depopulation of northern Gaza."
"The aim is to transform the last witnesses into killable targets," he said.
Al Jazeera —which is banned from operating in Israel but is the only major international media network on the ground in Gaza, as Israeli authorities prohibit foreign reporters from entering the besieged strip—denies the IDF's claim.
Others noted that Israeli forces have killed numerous Al Jazeera workers as part of a war on journalists in which at least 128 media professionals have been killed, according to the New York-based Committee to Protect Journalists (CPJ). The United Nations says more than 170 media workers have been killed by Israeli forces.
"This is an assassination threat and an attempt to preemptively justify their murder," Scahill said of Israel's claim against the six Al Jazeera journalists.
"Anyone claiming Israel has offered 'irrefutable' proof to back up these allegations is either ignorant of the systematic campaign of lies, propaganda, and fake news unleashed by Israel or is trying to aid and abet the murder of more journalists," he added. "That is what is irrefutable."
CPJ said on social media that it "is aware of accusations made by the Israel Defense Forces against several journalists in Gaza accusing them of being members of militant groups."
"Israel has repeatedly made similar unproven claims without producing credible evidence," the group noted. "After killing Al Jazeera correspondent Ismail Al Ghoul in July, the IDF previously produced a similar document, which contained contradictory information, showing that Al Ghoul, born in 1997, received a Hamas military ranking in 2007—when he would have been 10 years old."
The Paris-based international press freedom group Reporters Without Borders (RSF) has filed multiple complaints at the International Criminal Court alleging "war crimes against journalists in Gaza," including the apparently intentional targeting of media professionals.
In one filing, RSF said it "has reasonable grounds for thinking that some of these journalists were deliberately killed and that the others were the victims of deliberate IDF attacks against civilians" and accused Israel of "an eradication of the Palestinian media."
"You don't shut down the media unless you have something to hide."
In June, the Gaza Project—an investigative journalism initiative led by the Paris-based nonprofit Forbidden Stories—"analyzed nearly 100 cases of journalists and media workers killed in Gaza, as well as other cases in which members of the press have been allegedly targeted, threatened, or injured."
The project found "a chilling pattern" of journalists who "may have been targeted even though they were identifiable as press."
In one case that enraged journalists and others around the world, at least one IDF member sent 19-year-old Palestinian reporter Hassan Hamad text messages threatening him and his family if he did not stop documenting Israel's assault on Gaza, which has left more than 152,000 Palestinians dead, maimed, or missing, millions more starved or sickened, and much of the territory in ruins.
Hamad refused. Earlier this month, Israeli forces assassinated him in a drone strike on his home in the Jabalia refugee camp.
U.S. citizens working in media have also been harmed by Israeli forces while on the job in Gaza and Lebanon, where IDF bombardment and invasion have killed and wounded thousands of people.
On Tuesday, a dozen members of U.S. Congress led by Sen. Bernie Sanders (I-Vt.) urged the Biden administration—which supports Israeli with billions of dollars in military aid and diplomatic cover—to investigate Israeli attacks on journalists including Dylan Collins, who was with a group of six other reporters covering cross-border clashes between Israel and Hezbollah in southern Lebanon when an IDF tank opened fire on their position despite their clear identification as press. Collins and five others were injured, and Lebanese Reuters journalist Issam Abdallah was killed.
Israel's targeting of American journalists predates the current war and includes the 2022 killing of renowned Palestinian American Al Jazeera reporter Shireen Abu Akleh. Multiple probes have concluded Abu Akleh was deliberately targeted by an IDF sniper as she was covering a raid on the Jenin refugee camp in the illegally occupied West Bank.