While freedom of speech exists in countries all across the world, few things are more emblematic of American society than the right of citizens to openly criticize even the most powerful politicians without fear of retribution. The libel laws that protect journalists, however, have come under fire in the presidential primary race as Donald Trump threatens to find a way around the Supreme Court ruling that has protected newspapers from unwarranted libel cases since the 1960s.
“We’re going to open up libel laws and we’re going to have people sue you like you’ve never got sued before,” Trump said, referencing the media during a February rally in Fort Worth, Texas.
Although libel, a written false statement meant to damage a person’s reputation, can be a serious issue, new libel laws should be implemented with extreme caution as they are one of the few instances in which free speech can be limited.
Regardless of whether or not Trump has the power to take on the Supreme Court ruling, these threats are dangerous as they enforce the idea that politicians and the press are meant to oppose each other. The media might make unfair attacks against politicians from time to time, but this is a reality that politicians have dealt with for centuries. The idea that making it easier for powerful people to sue the media would have a positive impact is ill-conceived. Critical media coverage is important in the United States and something we cannot afford to lose.
Under the current interpretation of the law established in New York Times v. Sullivan, journalists are protected from lawsuits even when their stories are factually inaccurate so long as the false claims are not made with the intention of ruining the subject’s reputation.
This is a crucial law in our country because if journalists are forced to ensure that every single word that they publish is accurate, the current system of journalism would crumble and it would severely limit investigative reporting. In an ideal world, the media should be accurate and unbiased 100 percent of the time.
In our current society in which breaking news is rushed out in a matter of minutes after major events, this ideal is not feasible and the public should understand this unfortunate reality. The media plays a vital role in protecting our democracy and way of life in the United States, and attempts to limit the freedom of the press should not be taken lightly, especially in this political climate.