In his first week as a federal decide, Murray Gurfein was assigned the most important case of his life.
He’d simply been nominated to the Southern District of New York by President Richard Nixon in April 1971, and confirmed by the Senate in Might when the Pentagon Papers case landed on his desk.
Nixon had advised Assistant Lawyer Common William Rehnquist to order the New York Instances and the Washington Put up to cease publication of the damaging report that exposed earlier administrations’ makes an attempt to cowl up their dropping efforts within the Vietnam Warfare.
Each papers refused, so Nixon sought an injunction to maintain the papers from publishing.
However Gurfein, regardless of being appointed by Nixon simply weeks earlier, declined, writing: “The safety of the Nation isn’t on the ramparts alone. Safety additionally lies within the worth of our free establishments. A cantankerous press, an obstinate press, a ubiquitous press should be suffered by these in authority to protect the even better values of freedom of expression and the suitable of the individuals to know.”
Nixon, after all, would attraction Gurfein’s determination, and earlier than the Supreme Court docket may hear the case, 15 different newspapers obtained copies of the report and revealed it, with the concept the one option to uphold the First Modification and defend the suitable to publish…was to publish.
In June, the Put up and the Instances gained their case within the Supreme Court docket, and Nixon’s try at chilling the press failed — however solely as a result of the newspapers refused to capitulate.
Quick-forward half a century, and it feels just like the braveness the press confirmed then was all for naught.
An incoming President Donald Trump has already inflicted a Nixonian choke maintain on the press, and earlier than he’s even been sworn into workplace.
He sued ABC Information and George Stephanopoulos for defamation, claiming that he was inaccurately described as having been discovered chargeable for “rape,” as a substitute of “sexual assault” by a civil jury — a distinction even the decide within the case mentioned was meaningless.
He’s suing Bob Woodward and Simon & Schuster for $49 million for publishing audio tapes of interviews Trump gave in 2019 and 2020.
He’s suing CBS Information for a “60 Minutes” interview with Vice President Kamala Harris by which Trump argues CBS deceptively edited it to make her seem “coherent and decisive.”
And this week, he sued the Des Moines Register and pollster Ann Selzer for a ballot that confirmed him dropping in a state that he ended up successful by 13 factors.
Now, to be clear, none of those are good circumstances for Trump.
Misusing authorized phrases, as Stephanopoulos did, isn’t defamation. Publishing tapes of an interview you agreed to isn’t unlawful. Neither is enhancing interviews like “60 Minutes” did. And unhealthy polls that don’t come true will not be a legitimate foundation for a lawsuit.
All of those entities ought to relaxation soundly and confidently realizing the First Modification protects them from Trump’s authoritarian impulses.
However one has already surrendered. ABC settled with Trump to the tune of $15 million, and, including insult to damage, agreed to publish a groveling apology be aware on behalf of the information outlet and Stephanopoulos.
Why would an organization like Disney, which owns ABC and has one of the best attorneys cash should buy, agree to present away $15 million on a case it most actually would have gained?
Company greed and spinelessness.
As The Bulwark’s Jonathan V. Final put it:
“I’d guess the milk cash that Bob Iger — the CEO of Disney and one of the vital necessary company executives in America — made the ultimate name on settling with Trump. As a result of this can be a determination that impacts the whole company’s relationship to the federal authorities.
And whereas it could be in opposition to the curiosity of ABC Information to promote out its journalists, it’s very a lot within the curiosity of the Walt Disney Firm to be on good phrases with a president who’s open about punishing his enemies and rewarding his pals.”
It’s gross, however not shocking, {that a} large conglomerate like Disney would need to do favors for an incoming administration that’s threatening to punish its enemies. But it surely’s downright disgusting that one which owns a information outlet would wholly give up to baseless threats in opposition to press freedom, whereas throwing good journalists beneath the bus within the course of.
Regardless that Trump probably is aware of these lawsuits are with out advantage, for him the method is the punishment. And with ABC’s capitulation, he’ll be emboldened to do it repeatedly.
“We’ve to straighten out the press,” he mentioned. “Our press could be very corrupt, nearly as corrupt as our elections.”
After all, similar to our elections, the press isn’t corrupt. But when others give up, the press could have been corrupted — by Trump himself.
So to these in Trump’s crosshairs, at the moment or sooner or later, keep in mind the phrases of Decide Gurfein:
“A cantankerous press, an obstinate press, a ubiquitous press should be suffered by these in authority to protect the even better values of freedom of expression and the suitable of the individuals to know.”
S.E. Cupp is the host of “S.E. Cupp Unfiltered” on CNN.
