Anaya Nolan
President Trump has repeatedly threatened to change federal libel laws, stating that the current laws are a sham and a disgrace and do not represent American values or American fairness. Trump's chief of staff, Reince Priebus, confirmed that the administration was considering strengthening libel laws to make it easier to sue media organizations for unfavorable coverage. However, legal experts argue that there is little the President can do to alter libel laws, as there is no federal law on libel. Libel laws are governed by individual states, and any changes would be subject to stringent First Amendment protections for freedom of speech and the press imposed by the Supreme Court. The Supreme Court has also ruled that public officials must meet a high bar when bringing libel suits due to their societal influence. While Trump's threats may not have a direct legal impact, they contribute to a larger effort to criticize and discredit the press.
| Characteristics | Values |
|---|---|
| Libel laws in the UK | Easier to sue for libel |
| Trump's opinion on the UK's libel laws | Better than the US |
| Trump's opinion on the US's libel laws | A sham and a disgrace |
| Trump's opinion on the US's libel laws | Do not represent American values or fairness |
| Trump's goal for changing the US's libel laws | To make it easier to sue media organizations for unfavorable coverage |
| Trump's record with the press | Frequently attacks the news media |
| Trump's record with the press | Has a long record of threatening to sue journalists |
| Trump's record with the press | Threatened to sue author Michael Wolff over his book "Fire and Fury: Inside the Trump White House" |
| Libel laws in the US | No federal law on libel |
| Libel laws in the US | State laws control libel |
| Libel laws in the US | Subject to stringent First Amendment protections for the press and other speakers |
| Libel laws in the US | Subject to the First Amendment limitations imposed by the Supreme Court |
| Libel laws in the US | Make it very difficult for a plaintiff to make a successful libel claim |
| Libel laws in the US | Plaintiff must prove that a defamatory statement is false |
| Libel laws in the US | Opinion and satire are constitutionally protected |
| Supreme Court's opinion on limitations on libel laws | Reflect a "profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open" |
| Supreme Court's opinion on limitations on libel laws | Punishment of all false statements regardless of motive could "lead to intolerable self-censorship" by the press |
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What You'll Learn
Trump's power to change libel laws
President Trump has repeatedly threatened to change federal libel laws. He has a long record of threatening to sue journalists and media organizations that publish unfavorable or "false and defamatory" stories about him. Trump's lawyers have even threatened to sue the publisher of "Fire and Fury: Inside the Trump White House" and author Michael Wolff.
However, experts say there is very little Trump could actually do to change libel laws. There is no federal libel law in the US; state laws control libel, and all such laws are subject to stringent First Amendment protections for the press and other speakers. The Supreme Court has ruled multiple times that the First Amendment sets a high bar for any laws that might infringe on the freedoms of speech and the press.
To change the libel laws, Trump would have to appoint justices to the Supreme Court who would be willing to overturn years of precedent or take a different approach. In the 1964 case New York Times v. Sullivan, the Supreme Court recognized that protection of reputation could impact the freedom of speech and press. The Court imposed constitutional rules that make it very difficult for a plaintiff to make a successful libel claim, requiring them to prove that a defamatory statement is false and that the defendant acted with actual malice.
Despite Trump's threats, the First Amendment and the press freedoms it protects are deeply entrenched in American democracy, and any attempts to change libel laws would face significant legal and constitutional hurdles.
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Libel laws in the UK
To bring a successful defamation claim in the UK, a claimant must prove that the statement in question is defamatory, meaning that it would cause an ordinary person to think worse of the claimant. Additionally, since the Defamation Act 2013, claimants must demonstrate that the statement has caused or is likely to cause "serious harm" to their reputation. This raised the bar for defamation claims and aimed to hinder the practice of "libel tourism," where individuals bring defamation claims in the UK against foreign individuals or media reporting in foreign countries.
The burden of proof lies with the publisher of the potentially libelous statement, and they must prove that the statement is true. Simply referencing another press report or police arrest warrant is not sufficient evidence. Truth can be a defence, but substantial evidence is required. It is important to note that discussions on the Internet are considered public enough for libel to take place, as confirmed in the 2006 case of Keith-Smith v Williams.
In terms of qualified privilege, there are two types: statutory qualified privilege and common law qualified privilege. Statutory qualified privilege covers fair and accurate reports or statements on matters of public interest, as outlined in the DA 1996 and amended by the DA 2013. Common examples include reports of court proceedings, public meetings, and specific public body findings. However, this defence can be defeated if there is evidence of malice or intent to cause harm.
Final injunctions may be granted to prevent further publication of libelous statements if the claimant can demonstrate that the words are injurious and there is a risk of future publication. The UK courts have the power to order the defendant to publish a summary of the judgment in defamation cases.
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Trump's lawsuits against journalists
While President Trump has threatened to change federal libel laws, there are no federal laws on libel. Libel laws are state laws and are subject to stringent First Amendment protections for the press and other speakers that the Supreme Court has imposed through cases such as the landmark New York Times v. Sullivan decision in 1964. The Supreme Court has ruled multiple times that the First Amendment protects freedom of speech and the press. For a public official to win a libel suit, the plaintiff must show that the defendant published a false and defamatory statement and did so maliciously.
- Trump sued Simon & Schuster in federal court in Florida in January 2023, accusing the book publisher and author Bob Woodward of violating copyright laws through the "systematic usurpation, manipulation, and exploitation" of audio recordings of Trump. Trump accused the defendants of illegally profiting from the recordings by distributing them without his permission and taking them out of context to cast him in a poor light.
- Trump filed a $10 billion lawsuit against CBS in October, alleging the network deceptively edited an interview with then-presidential candidate Harris to “tip the scales in favor of the Democratic Party” in the election.
- Trump sued the Des Moines Register and its former pollster J. Ann Selzer in Iowa state court over an opinion poll published ahead of the Nov. 5 U.S. election showing Democratic presidential candidate Kamala Harris leading Trump by 3 percentage points in Iowa. Trump accused the Register and Selzer of engaging in “brazen election interference” by manipulating the poll and leaking it to Democratic operatives before publication.
- Trump alleged in a lawsuit filed in March in federal court in Florida that Stephanopolous defamed him by saying he had been found liable for “rape” in reference to a civil case brought against Trump by writer E. Jean Carroll, who accused Trump of sexually assaulting her in the 1990s.
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Libel laws and the First Amendment
Libel is a tort, or civil wrong, for which the aggrieved party may sue for money damages. Libel laws in the US are subject to the First Amendment, which protects freedom of speech and freedom of the press. The First Amendment makes it very difficult for a plaintiff to make a successful libel claim. For a public official to win a libel suit, they must demonstrate that the defendant published a false and defamatory statement and that they did so maliciously.
In 1964, the Supreme Court ruled in New York Times v. Sullivan that a journalist who published erroneous information about a public figure without knowing it was wrong was constitutionally protected. This case set a precedent for First Amendment protections in libel cases, requiring that public figures prove "actual malice" to win a libel suit. The Court's decision reflected a commitment to the principle that debate on public issues should be "uninhibited, robust, and wide-open" and may include "vehement, caustic, and sometimes unpleasantly sharp attacks" on government and public officials.
Despite the existence of this precedent, President Trump has repeatedly threatened to change federal libel laws to make it easier to sue media organizations for unfavorable coverage. However, there is no federal law on libel, and state libel laws are subject to First Amendment protections imposed by the Supreme Court. Trump's attempts to change libel laws are part of a larger effort to criticize and attack the credibility of the press.
While it is unlikely that Trump will be able to change libel laws, his threats highlight the importance of protecting free speech and the press, even when it involves criticism of public officials.
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Trump's administration's plans to change libel laws
President Trump has repeatedly threatened to change federal libel laws, calling them a "sham and a disgrace" and stating that they do not represent "American values or American fairness". Trump's administration has expressed plans to “take a strong look” at the libel laws, with the goal of making it easier to sue media organizations for unfavorable coverage. However, it is important to note that there is no federal libel law in the United States. Libel is a civil wrong, or tort, that falls under state law, and any changes to these laws would be subject to stringent First Amendment protections for freedom of speech and the press.
Trump's criticism of the current libel laws stems from his belief that they allow media organizations to make false statements without consequence. He has a history of threatening to sue journalists and media outlets that publish content he disagrees with, including the book "Fire and Fury: Inside the Trump White House". Trump's comments on libel laws align with his broader attacks on the press, often labeling critical coverage as "fake news".
Despite Trump's assertions, legal experts argue that there is little he can do to change the libel laws. The First Amendment imposes significant limitations on defamation and libel suits, particularly when brought by public officials. The Supreme Court has ruled multiple times that the First Amendment protects freedom of speech and the press, and has set a high bar for any laws that might infringe on these freedoms. The landmark case of New York Times v. Sullivan in 1964 further reinforced these protections, establishing that journalists and media organizations cannot be unduly punished for making mistakes in their reporting.
While Trump's administration has not outlined specific plans to change the libel laws, his statements and those of his chief of staff, Reince Priebus, indicate a desire to make it easier for individuals, particularly public figures, to sue for defamation. However, any attempts to weaken the First Amendment protections or overrule the Supreme Court's precedent would face significant legal and constitutional challenges.
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Frequently asked questions
No, President Trump cannot change libel laws. While Trump has repeatedly threatened to change federal libel laws, there is no federal law on libel. Libel laws are a state issue, and each state can adopt whatever libel law it wants, as long as it aligns with the US and state constitutions.
President Trump and his team want to ''open up' libel laws to make it easier to sue media organizations for unfavorable coverage. Trump believes that the current libel laws are a "sham and a disgrace" and do not represent American values or fairness.
Legal experts say there is very little Trump could actually change about how libel laws work. The First Amendment and the press freedoms it protects are deeply entrenched in American democracy. Additionally, the Supreme Court has ruled multiple times that the First Amendment sets a high bar for any laws that might infringe on the freedoms of speech and the press.
