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“It may not be good for America, but it’s damn good for CBS,” then–CBS President and CEO Leslie Moonves cackled in February 2016, as Donald Trump’s presidential campaign churned forward. “The money’s rolling in and this is fun … It’s a terrible thing to say. But, bring it on, Donald. Go ahead. Keep going.”
Moonves appeared merely ghoulish then. He now looks both ghoulish and wrong. Trump has not been good for CBS, and the steps and statements he’s made since returning to the White House show that his campaign promises to restore and defend free speech were balderdash. His goal is to protect the speech that he likes and suppress what he doesn’t.
On Sunday, Unelected Bureaucrat in Chief Elon Musk attacked CBS’s flagship program. “60 Minutes are the biggest liars in the world! They engaged in deliberate deception to interfere with the last election,” he posted on X. “They deserve a long prison sentence.” This would seem less threatening if Musk weren’t running roughshod over the federal government, or if the president disagreed. But earlier this month, Trump said that “CBS should lose its license” and 60 Minutes should be “terminated.”
The source of their anger is an interview that the program conducted with Kamala Harris—remember her?—during the presidential campaign last year. Trump alleges that 60 Minutes improperly edited the interview. CBS denies any wrongdoing and declined to comment on Musk’s post. CBS said in a filing this week that it intended to seek information on Trump’s finances if the lawsuit proceeds. Even so, CBS’s parent company, Paramount, is considering whether to pay a multimillion-dollar settlement with Trump to resolve a suit seeking $20 billion in damages. Interpreting such a move as anything other than paying off Trump to leave CBS alone is very difficult—in other words, it’s a protection racket. Indeed, The Wall Street Journal reports that executives are concerned they could be sued for bribery if they settle. (Moonves is long gone; he was forced out in 2018 over a series of accusations of sexual assault and harassment. He denies any wrongdoing.)
Trump initially filed his suit last October and has since amended it. The crux of the claim is that CBS aired two different snippets from the same Harris answer about Israeli Prime Minister Benjamin Netanyahu. Like many past lawsuits from Trump, this one reads more like a political memo than a legal brief. He claims, without any evidence, that CBS edited the interview to help Harris’s electoral prospects. (Like other MAGA lawsuits, it was filed in a specific Texas court so as to draw Judge Matthew Kacsmaryk, a Trump appointee who has delivered sweeping fringe rulings in the past.) The suit doesn’t make a great deal of sense. If CBS was trying to hide something Harris said, why did it broadcast the clip?
The Federal Communications Commission initially rejected a complaint about the interview, but Brendan Carr—Trump’s newly appointed FCC chair—reopened it and demanded that CBS release the transcript of the interview. CBS did so, and to my read, the transcript establishes that CBS’s use of the clips was not manipulative. (Judicious editing is essential. I’ve interviewed many politicians, and much of what they say is incurably dull, nonsensical, or both, sometimes by design.)
The charge of “election interference” doesn’t make any sense, either—especially coming from Musk, who both is the owner of a major media platform and spent nearly $300 million to back Trump and other Republican candidates. The position of the Trump GOP appears to be that spending any amount of money on politics is free speech, but press outlets covering the campaign are interfering with it.
The bombardment of CBS is part of a wide-ranging assault on free speech. Last week, the White House barred an Associated Press reporter from the Oval Office because editors there have opted not to adopt Trump’s renaming of the body of water long known as the Gulf of Mexico. In December, ABC settled a defamation suit with Trump even though almost no media lawyers thought the network would have lost; critics charged that ABC was trying to curry favor with the president-elect. (ABC did not respond to a request for comment.)
Carr, the FCC chair, recently wrote a letter to NPR and PBS suggesting that by airing sponsors’ names, they may have violated rules against noncommercial stations accepting advertising, although the FCC has not objected to this practice in the past. He noted that the answer could help Congress in deciding whether to defund NPR and PBS. That’s a tight vise grip: Don’t take funding or we might take your funding.
Not all criticism of the press is media suppression. Politicians are free to criticize the press, just as all Americans are free to criticize their elected officials. And besides, if political leaders aren’t upset about at least some of the coverage they’re receiving, journalists probably aren’t holding them to account. At times during the Trump era, some members of the media have overreacted to flimsy provocations, like Trump’s posting a silly GIF that superimposed the CNN logo over someone being body slammed. Vice President J. D. Vance snarkily replied to the journalist Mehdi Hasan on Monday, “Yes dummy. I think there’s a difference between not giving a reporter a seat in the WH press briefing room and jailing people for dissenting views. The latter is a threat to free speech, the former is not. Hope that helps!”
Even if you’re willing to grant Vance’s premise that banishing the AP is no big deal—I am not—there’s a lot of territory between that and jailing people, and that’s the ground that Trump is occupying: using the power of the government to intimidate. Paramount, for example, is currently awaiting FCC approval for a merger with Skydance Media. A Paramount Global spokesperson told me the lawsuit is “separate from, and unrelated to” the merger, but the company’s leaders would be reasonable to be afraid that Trump might block the deal if they don’t cooperate. During his first term, Trump tried to block the acquisition of CNN’s parent company. Speaking about the AP’s banishment, one journalist told CNN’s Brian Stelter, “Everyone assumes they’re next.”
Threats to the press are not new for Trump, who has been critical of press freedom for years. But during his most recent campaign, he criticized “wokeness” and argued that he would be a voice for free speech by pushing back on what he characterized as attacks on constitutional rights from, for example, social-media companies that blocked or throttled content (such as suspending his accounts after January 6). On the first day of his new term, Trump signed an executive order purportedly “restoring freedom of speech and ending federal censorship.” Musk purchased Twitter in 2022 and announced that he was a “free speech absolutist,” but quickly disproved that, suspending reporters who criticized him and cooperating with foreign governments to suppress speech.
A news outlet that is afraid of the government is an outlet whose speech is only partly free. When media companies are afraid that the president will use regulators to punish their business, owners are anxious to protect non-media commercial interests. When journalists are wary of becoming targets for petty retribution, they may pull punches or shape coverage in ways that do not—and are not intended to—serve the public interest. Jeff Bezos’s decision to spike a Washington Post endorsement of Kamala Harris and Patrick Soon-Shiong’s attacks on his own newspaper, the Los Angeles Times, both look a lot like this, though the two owners insist otherwise.
Over the past few years, Trump, Vance, and others complained loudly about the government studying mis- and disinformation or pointing out instances of disinformation to social-media companies. They charged that this was censorship because even if the government wasn’t requiring those companies to do anything, its power made this an implied threat. Now that they are in office, they’ve had a change of heart. They’re perfectly happy for the government to try to tell private companies what opinions are acceptable and which ones aren’t. They never believed in anyone’s free speech except their own.
Related:
Today’s News
- The Senate confirmed Kash Patel as FBI director in a 51–49 vote.
- Republican Senator Mitch McConnell announced that he would not be seeking reelection.
-
The Trump administration removed protections for hundreds of thousands of Haitians in America, which puts them on track to be targeted for deportation this summer.
Dispatches
- Time-Travel Thursdays: “The first time I watched an opera on a screen was in the Dallas Cowboys football stadium,” Kat Hu writes. “As persistent as the desire to televise opera is the debate over whether—and how—to do it.”
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Evening Read
The Fantasy of a Nonprofit Dating App
By Faith Hill
Spending time on dating apps, I know from experience, can make you a little paranoid. When you swipe and swipe and nothing’s working out, it could be that you’ve had bad luck. It could be that you’re too picky. It could be—oh God—that you simply don’t pull like you thought you did. But sometimes, whether out of self-protection or righteous skepticism of corporate motives, you might think: Maybe the nameless faces who created this product are conspiring against me to turn a profit—meddling in my dating life so that I’ll spend the rest of my days alone, paying for any feature that gives me a shred of hope.
Culture Break
Listen. Americans are stuck. Who’s to blame? Hanna Rosin talks with Yoni Appelbaum about the end of upward mobility in the United States.
Read. “The Moron Factory,” a short story by George Saunders.
“Is true: our office odd. No one stable. Everyone nuts in his/her own way. Usually, at work, I keep to self. Don’t socialize. Just do my work, head straight home.”
P.S.
Threats to free speech aren’t just a national problem, and they’re not just about the press—they’re about the public’s right to hear from and be involved in government. I was struck this morning by two different, appalling stories out of Mississippi. The Mississippi Free Press reports on how a chancery court judge has ruled that the state legislature is not a public body and therefore not subject to open-meetings laws. If the elected lawmakers of a state aren’t a public body, what is? Meanwhile, The New York Times reports on another judge in the state ordering a local paper to remove an editorial from its website criticizing Clarksdale officials for not issuing a public notice before a special meeting. The headline on the article: “Secrecy, deception erode public trust.” Perhaps the judge would have been well served to read it himself.
— David
Isabel Fattal contributed to this newsletter.
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