There’s a theme emerging in some of the news recently. It began just before the election, when owners of the Washington Post and Los Angeles Times both killed plans by their editorial boards to endorse Vice President Kamala Harris to be president.
Since Donald Trump was elected, more stories have followed the same theme:
Several tech CEOs have made $1 million contributions to Trump’s inaugural committee.
Tech leaders also have made the pilgrimage to Mar-a-Lago
And the tech bro who got there first with the most, Elon Musk, may already be seeing return on his investment: According to Reuters, the Trump transition team wants to kill a regulation requiring the reporting of accidents involving self-driving vehicles — most of which involve cars by Musk’s Tesla.
This follows Trump’s announced his plan to nominate Jared Isaacman, a tech billionaire with close ties to Musk and SpaceX, to head NASA.
Of course, where there are carrots, there are sticks: The Senate had a press protection bill pending that had passed the House with bipartisan support; it would have barred the federal government from compelling reporters to reveal confidential information, such as sources. Trump announced his opposition, and Senate Republicans blocked floor action.
Most notable of all was the decision by ABC News, revealed this weekend, to settle a libel suit filed by Trump. The decision is striking, given the difficulty facing public figures under U.S. law to win such suits in the absence of particularly egregious behavior.
Historian Timothy Snyder, who has written frequently about authoritarianism, calls this type of decision “obeying in advance.”
Margaret Sullivan commented:
“ABC News should never have caved. They might well have prevailed if they had hung in there. The legal bar is very high for libeling a public figure, and Trump is the ultimate public figure. Instead, this outcome encourages Trump in his attacks on the press — and he needs no encouragement.
“As one law professor told the Times, what ABC News did was very unusual. News organizations generally don’t settle “because they fear the dangerous pattern of doing so and because they have the full weight of the First Amendment on their side.”
“Why did ABC News throw in the towel? It‘s hard to know for sure, but gets easier if you are aware that the news organizations is owned by Disney, a huge corporation with a lot of turf to protect. As the Times reported, the Disney executive who oversees ABC News had dinner with Trump’s top aide, Susan Wiles, just days before the settlement, as “part of a visit by several ABC News executives to Florida to meet with Mr. Trump’s transition team.”
“Was this settlement, which includes ABC’s public expressions of regret, a simple case of kissing the ring? It sure looks that way. Trump has sworn to get revenge on his enemies and he values, above all, loyalty and kowtowing.”
Brian Stelter of CNN noted: “The president-elect has a long history of litigation, with numerous unsuccessful cases against news outlets in the past. Some media law experts believed ABC had a good chance of beating him at trial, given the inherent challenge of proving Stephanopoulos acted with “actual malice.” But trials also add uncertainty and a risk of severe reputational damage — factors that ABC’s parent company, Disney, is now avoiding.”
Journalist Parker Molloy, writing in Nieman Lab’s predictions for 2025, argued that acquiescence won’t spare journalism organizations:
“The bitter irony is that this voluntary surrender won’t protect these outlets from Trump’s attacks. He’ll continue using them as punching bags to rally his base, even as they bend over backwards to appear ‘fair’ to his administration. But their owners calculate that performative criticism is preferable to actual accountability journalism that might threaten their bottom lines.
“For those who remember post-9/11 journalism, this feels eerily familiar. But at least then, the press could claim they were caught off guard by an unprecedented national crisis. This time, they’re choosing compliance with eyes wide open, trading their watchdog role for a seat at the billionaire’s table.
“The question isn’t whether mainstream media will hold Trump accountable in his second term — they’ve already decided not to try. The question is whether enough independent voices can survive to fill the vacuum they’re leaving behind.”
Molloy’s prediction for 2025 is coming true early. The New York Times reported over the weekend that Trump and his allies were threatening more lawsuits.
In fact, on Monday, Trump sued the Des Moines Register and Iowa pollster Ann Selzer, seeking “accountability for brazen election interference” over a Nov. 2 poll that showed Kamala Harris up by 3 percentage points in Iowa.
According to Semafor, “news organizations are bracing” for the anticipated attacks:
“In an email shared with Semafor, Axios’ senior counsel told staff that the news organization anticipates the new administration will attempt to force reporters to out their sources, will ramp up lawsuits against news organizations for defamation, and could charge journalists with crimes using the Espionage Act,” Max Tani wrote.
One analysis suggests that voters elected Trump due in part to their revulsion at the “elites” — a category that, for many, includes legacy media. Trump and his billionaire allies — populists, apparently — are seizing that opportunity, wielding their wealth to intimidate and isolate news organizations. ABC News acquiesced, essentially waiving the protection of the First Amendment.
The near-universal dismay within the industry at ABC News’ decision may be mere bravado. Or it may indicate not every media enterprise will be so compliant. The quality of our democracy hinges on those decisions.