Photo Credit | ABC News
Defamation lawsuits by public figures such as former presidents are exceedingly difficult to maintain.
The fact that Donald Trump just successfully pursued a $16 million action against ABC News and George Stephanopoulos reveals how egregiously the mainstream media has maligned him and the depths to which it has descended.
American law deliberately sets a high bar for imposing liability for defamation of public figures for the simple reason that while the law must protect individuals’ reputations, the First Amendment also safeguards robust public discourse.
Accordingly, in the leading landmark case of New York Times v. Sullivan (1964), the United States Supreme Court ruled that a public figure plaintiff must prove that the allegedly defamatory defendant made a false statement with either actual knowledge of its falsity or reckless disregard for the truth. That “actual malice” legal standard accepts that public figures’ prominence in public discourse and impact upon public life merits more unencumbered discussion of their behavior, character and policies. Robust discussion and criticism of public officials remains essential for a healthy democratic process.
That high threshold provides a safeguard against frivolous lawsuits that would chill free speech and investigative journalism.
In addition to that elevated legal bar, a public figure alleging defamation typically faces an uphill battle to discover and access protected internal corporate communications and evidence to establish actual knowledge or reckless disregard of the falsity of the statement at issue. That presents a daunting task, particularly when the defendant is an established media organization with deep pockets and the ability to mount a vigorous legal defense.
ABC News certainly fits that description as a powerful corporation capable of affording a powerful legal defense.
Heavyweight media organizations like ABC News also retreat to the sympathetic claim that their statements were protected by First Amendment ideals of uninhibited, robust debate on public issues and influential public figures. Such organizations also adeptly frame their statements as opinion or commentary, rather than factual assertions, thereby meriting additional protection under applicable law and precedent.
In this instance, however, the statements at issue in Trump’s lawsuit were egregious, repeated and specific in their legal meaning.
Not only did Stephanopoulos falsely label Trump a convicted “rapist” in an interview with Representative Nancy Mace (R – South Carolina), he did so repeatedly. An experienced anchor of Stephanopoulos’s pedigree and experience either knows that “rape” carries a specific legal meaning, or recklessly ignores the necessary precision when he casually and repeatedly employs it. Moreover, Stephanopoulos was reportedly warned in clear terms to avoid using that word during the interview, but proceeded to ignore those admonitions.
Consequently, Stephanopoulos has no one to blame but himself for being driven not only to a $16 million settlement of Trump’s claim, but also to a humiliating public apology.
For those Americans with a taste for schadenfreude, reports that Stephanopoulos himself was “humiliated” and “apoplectic” over ABC News’s decision to settle the case and issue a public apology will arrive as a pre-holiday gift.
More generally, public trust in the mainstream media has fallen to record lows, and episodes such as this highlight precisely why. The industry is overwhelmingly dominated by leftists, and its product now resembles partisan commentary rather than factual reporting.
Pursuing this defamation action to a successful and newsworthy conclusion constitutes an extraordinary achievement by President-Elect Trump, perhaps the most “public” figure in the world. That reflects not only the legal merit of his case, but also the undeniable malice on the part of Stephanopoulos.
It constitutes more than a personal vindication for Trump, however. It exposes the systemic issues within the broader mainstream media, including its failure to uphold their professed principles of fairness, accuracy and accountability.
Protection of free speech obviously remains central to our national character, and vigorous reporting and marketplace discussion must not be chilled by potential legal threats. Simultaneously, however, we cannot allow the mainstream media to exploit its outsized influence and power to descend into partisan defamation against public figures and candidates while attempting to use the First Amendment as a false shield.
Trump’s successful defamation lawsuit against ABC News and Stephanopoulos in particular highlights the egregious nature of their conduct, and hopefully signals to the media more broadly that their ability to engage in raw partisanship regardless of propriety is not limitless.
Timothy H. Lee is Senior Vice President of legal and public affairs at the Center for Individual Freedom.
Reprinted with Permission from CFIF.org – By Timothy H. Lee
The opinions expressed by columnists are their own and do not necessarily represent the views of AMAC or AMAC Action.
ABC News has no shame, and they have no brains. George Stephanopoulos’ claim to fame was destroying the reputation of women that Bill Clinton assaulted. He is not a journalist and he is a poor excuse for a human being. But then again he is a classic Democrat.
This is obviously a great symbolic victory for the rule of law in this country after years and years of biased, unconstitutional rulings based on everything but what is actually laid out in the United States Constitution and our Bill of Rights. Will it deter a major MSM outlet, or someone shielded from direct accountability like Stephanopoulos? No. At least not until the monetary judgements reach the level where they create a material impact to the bottom line of both the major corporations allowing such conduct to occur in the first place and the individual, like Stephanopoulos, suffers significant personal financial loss.
Put simply, $16 million dollars is not even a rounding error to a rounding error to either ABC or their parent corporation Disney. Yes, they hate having to write the check to help fund the Trump Presidential Library, but it isn’t going to get either corporate entity to change their practices in terms of being part of the propaganda arm of the Democrat Party and its agenda. When a Judge levels a multi-billion-dollar judgement against Disney or ABC, then you’ll see serious pressure put on corporate management to change their practices dramatically.
As for Stephanopoulos, it would be nice if ABC docked his pay (currently $15 million a year) for the full amount to see if he can tone down his non-stop attack dog for the DNC style at least for a while. Unfortunately, it’s unlikely ABC or Disney management would have the common sense or the guts to send that kind of message to both Stephanopoulos and the DNC in general.
Good to see the lamestream media get punched again, but their fake news and disinformation will continue. They just don’t care.
SO gratifying to see this judgement against Stephanopoulos insufferable little troll spawned by Bill Clinton????
I think the only thing Stephanopoulos would find “humiliating” is not being caught in a lie but losing $15M to Trump! He’s a known liar; this is the same guy who headed a lying, disinformative “war room” against Clinton victims.
Next should be ABC news anchor David Muir who continually fact checked Trump making it seem he was all bad and Kamala was speaking only the truth. Disgusting and he has not apologized.
Fire this little pint sized COMMUNIST until ABC fires him. He is laying scumbag.
Haven’t heard of the status of Trump’s “assault” case. The whole thing was a set up! This “lady” was coarse and immoral; and totally manufactured charges–no corroboration and couldn’t even say when it supposedly happened. Just another DIMM troll like “Ballsy” Ford who made up a story about our SCOTUS judge!
It’s about time someone was held accountable for the media propaganda machine.
Let this be a lesson and a warning to those who relentlessly love to demonize Pres. Trump with their LIES, DECEPTIONS and DISTORTIONS. GREAT LESSON FOR ALL WITH LOOSE LIPS.
Keep suing ALL
Everything the democrats have taken Trump to court for have now all been proven to be lies and fabricated charges and have all blown up in their faces. All this now warrants charges being brought against democrats and rhino republicans involved in all of this which all should include court trials and certain guilty verdicts and prison time. Those trials should all be short and sweet with no doubt guilty verdicts because we know all the bogus charges and lies to be facts, because we all followed the bogus trials and read everything in the democrats own press releases. MANDATORY PRISON FOR ALL INVOLVED preferably in GUANTANAMO.
I wish Trump could sue the DNC, the Clintons, the Bidens, Kamal Harris and anyone else who called him Hitler, a Nazi, etc. Harder to prove libel though, so probably wishful thinking.
what a joke that little georgie is .
There should be a much tougher way to punish these lying people. Using money as a way to punish the media just doesn’t work, and it’s silly.
What a wonderful Christmas present to all conservative Americans, and that it happened to this ultra biased so called journalist libtard makes it all the more special!!!!!
I want to know WHY THIS EXCESSIVE DISREGARD for TRUTH BY A $$$TRILLION humuuungous Corp. like ABC (owned by Disney???) doesn’t MERIT THE SAME humuuungous PENALTY that a Court demanded against a single individual man, Trump, over such presumptuous, unfounded and manufactured ‘claims’ that were even well BEYOND of the Statute of Limitations to even be BROUGHT before a Court, just to try to deprive him, and his Family Fortune, of his accumulated Wealth and Success as a Builder and Developer of Property in the US and Abroad – just to SPITE HIM for BEING a political obstacle to the Political Left’s Agenda and its notion of ‘Political Correctness’. And WHY isn’t that SAME STANDARD being applied to Big Left Corps. like ABC, NBC and CNN??? that it just applied to a single, solitary ‘1-man operation’ by the name of Donald Trump???
While I am THRILLED that this was WON – as indeeed, even Dems know IT SHOULD HAVE BEEN!!! because EVERYONE KNOWS what they DID and SAID for the last 9 years since he came ON the ‘Political Scene’ — STILL!!! WHERE is the JUSTICE that HE DESERVES, given that the Left TRIED SO HARD to take from him EVERYTHING HE MADE and BUILT over his entire Lifetime! but ABC gets this little ‘slap on its wrist’??? for doing MUCH, MUCH WORSE than Trump was even ‘accused’ of doing! just because he is Donald Trump – who ALL DEMS are supposed to HATE and DESPISE (largely BECAUSE of what ABC has DONE to DESTROY HIM). This is like punishing the ‘car-driver’ MORE than the ‘bank robbers who killed the guards before they got away’!!! These people’s LIES nearly got Trump put into PRISON several times! where they WANTED HIM TO BE!
The Media and Politician’s on both sides called President Trump an Insurrectionist for their J6 LIE!! The J6 Committee covered-up real evidence to “FRAME TRUMP”! People NEED to LOSE their citizenship, be disbarred and some sent back to their Countries of Origin!
Maybe this will n she other fake news media think twice before saying such horrible things about someone they truly never even tried to get to know or. Research the witch hunt of a case against our president.
A few hundred others should also be sued by rightful President Trump and his supporters.
I think it’s about time that “democrat” defamers of conservative politicians start facing legal retribution for their slandering… especially considering how “main stream” these kinds of juvenile behaviors of the “democrats” have become, even in the face of a “democrat” presidency, whose incumbent has had conspicuous difficulties with comprehension of bare-bones dialogue, and providing spontaneous responses to same. The most impressive part of this charade has been all of the across-the-board denials, by senators and congressmen, of ANY recognition of Biden’s cognitive state.
In all honesty, “democrats” have an “impossible” job to do… which is to sell the American public on an “ideology” than lines their party pocketbooks while disenfranchising all who contribute, and even conspiring to count false ballots in Presidential Elections… in other words, continually empowering a party-driven mechanism with a cornerstone of…. fraud. With that kind of blatant, moral turpetude as their hood ornament, one would think that the least these numb-nuts could do is to be a bit more congenial, if not contrite.
Thank God, a judge who finally follows the laws!!! Glad President Trump won this battle. I refuse to watch any of the main stream media as they insult my intelligence.
George thought he was above president Trump. He thought he could say anything. After all every higher up in the party from Biden on down called Trump all kinds of names. In his eyes Trump was a nobody he could say anything to and get away with it. After all he was standing with the democrats. He forgot the people did not. The people saw how unfair the dems were and still are. Till the end Biden called Trump a Nazi, a fascist, a Hitler and garbage when he ran out of names. Harris picked it up in her campaign. The word Hitler was thrown around like it was candy on Halloween. Those saying it have no idea how hurtful this was and is to those people who are still alive and were subject to Hitlers cruelty in concentration camps or to just be living in the countries they had overrun. They never had to endure nightly raids in their home or a home down the street. See their dad or brother or the wives, their husband been taken and sent to concentration camps, never to return. Or suffering hunger so bad people were eating anything. Nothing was available. This name calling by the dems was not only hurtful it also showed they were nothing in the eyes of the dems. When you tried to dialogue with a democrat after two words out of your mouth they would start yelling. Slogans they were good at. But no explanations they have. Because there aren’t any. All the lies the Biden administration told had no substance behind it. They just floated it out into the ether and hoped we would obey. Only the people saw the lies for what they were. Nothing but hot air to make the people obey through fear. Only the people weren’t afraid. By 2024 they had enough. They voted for truth, for the country and to have a voice in their future. Only the MSM including ABC and George S forgot that.
YES! Time to pay up and apologize!
bone head stephopholis (whatever) I always say all haters get their just due. look at pelosi she broke her hip, they will all get what they deserve. God doesn’t like haters
Little “Stephi” may have started his criminal career under the Clinton regime. Waaay back in the 90’s. Seems when Hillary was busily shredding her dirty work before slinking out of the White House, wee Stephi was helping out along with other questionable characters in the Clinton gang. A final finger to the American people was the stripping of Air Force One of it’s historical silver items, anything of value….along of course, with Hillary who also absconded with expensive linens and I’d have to go back and read how many thousands of dollars of other Airforce One and White House treasures they tried to steal. A book worth getting (on Amazon) is “Unlimited Access” by then FBI head of security Gary Aldridge who was basically told to pound sand when the Clinton’s “Friends” were allowed to literally go into any room or area they pleased. Including sensitive documents that should have been under lock and key. People were literally allowed to wander in off the streets with no notice and do what they pleased. Stephi was also stealing items from Air Force One…but like Hillary got busted. As far as documents who knows what was exposed by Stephi and his White House thieves. And he tries to be the big shot? Bull.
Aldridge wrote the book and as soon as Hillary found out about it she did everything to stop his releasing it save putting a hit on him…and frankly that may have been her next move. The Clinton background going back to Arkansas should put both her and hubby in Federal prison for life. And all the mysterious deaths over their years brought out into the open. Perhaps statute of limitations will not allow it…but it should. Stephi should be removed from anything concerning “news”…but then that should also include Hillary and Bill….add Waco, Texas to the Clinton regime. That is another story that should make any American call for both to be put in Federal prison for life…along with the bloodthirsty “media” who cheered on the carnage for the 51 days until American citizens were burned alive at Waco. Please forgive if I repeated myself…Waco changed my life forever…little miss “not a care” …to an attack dog. My sheriff, a good friend for years, sadly now deceased, informed me I was on the Colorado FBI’s list as an enemy of the state because of going after politicians.
So, the lawsuit was settled with ABC agreeing to pay up and apologize. Questions…
• Did this ever really go to court? I don’t see any evidence of this
• With the high bar already set to prove malicious intent, why didn’t ABC decide to let the courts decide?
Contrary to some responses… this is not a “judgement” at all. It was, very clearly, a settlement by ABC and an acceptance of that by Trump. There are differences; very considerable ones if you think about it.
I am not a lawyer, I don’t have any legal training, but, I think two reasons.
• With the election results being as they are, they really don’t want to have their access to the new administration under threat
• They don’t want other things to come to light that just may under discovery if the case did go through the courts.
If the latter is the reason (which, as a person who is guilty of wrongthink, doesn’t find it conspiratorial), then 15 million and an apology? Well, that just doesn’t seem to be enough now, does it?
George Stephanopoulos is what I consider a true Urnalist, Because that is where his words belong
If ever a reporter / local, national, newspaper or television sets foot in my yard, I’ll turn the water hose them. Don’t trust the content of the stories nor the methods used to obtain them. Generally no originality, mostly only me-too copy-cat news and except for Fox news national, slanted.
Good, they both are useless and with lying as a norm – be gone as the few left simply are sick of it. I, never watch them, NEVER!
I just hope that this is just one Victory against the lying Press and that they can take down more of the scumbags.
Guys this story is at least a week old.