Florida Gov. Ron DeSantis is trying to weaken freedom of the press—and some Republicans are worried that it might hurt right-wing media. DeSantis wants to make it easier to sue news organizations for defamation, gutting the Supreme Court’s New York Times v. Sullivan, a landmark ruling that requires public figures to prove “actual malice,” meaning that the reporter or outlet knew that the information was false or at least seriously doubted its validity.
If you’re asking, “Can Florida just pass a law violating Supreme Court precedent,” the answer, of course, is … it can if what it really wants is a court case inviting the current Supreme Court to weaken freedom of the press nationally. That is the goal, as Florida House Speaker Paul Renner admitted, saying the bill “is designed to challenge current constitutional law” and “tee up a court case.”
In February, DeSantis tried to put a populist spin on his intentions, claiming, “It’s our view in Florida that we want to be standing up for the little guy against some of these massive media conglomerates.” However, since the Sullivan actual malice standard applies to public figures, not private ones, and DeSantis and Florida Republicans also want to fine bloggers who write about state officials without registering first, this sounds a lot more like DeSantis trying to protect himself than “the little guy.”
The reason some Republicans aren’t so happy about this is on display in the defamation suit against Fox News brought by Dominion Voting Systems, because, yes, Fox News is relying on Sullivan to defend itself. More generally, making it easier to sue for defamation could spell trouble for a right-wing media world that runs on spite and questionably truthful claims.
“I understand the emotion behind this bill, but you cannot legislate on emotion, and this bill is a sword that will cut both ways,” said Trey Radel, a Republican former member of Congress and talk radio host. “This bill has the potential to stifle, if not shut down, center-right media and conservative talk radio.”
Bill Barr, the former Trump attorney general, similarly worries about the precedent. “For the foreseeable future, we will likely be on the wrong side of the culture-setting consensus,” he recently wrote in the Murdoch-owned Wall Street Journal. “There are precious few conservative news outlets as it is. Why make them more vulnerable to the multitude of left-wing plaintiffs’ lawyers?” (Yes, the idea that there aren’t many conservative news outlets is kind of a laughter/tears situation.)
The thing about Ron DeSantis is that he’s going to do what he thinks is best for Ron DeSantis. So the free press may well be on the chopping block if Supreme Court Justices Clarence Thomas and Neal Gorsuch—who have indicated they want the court to revisit Sullivan—can get any three of their right-wing friends on the court to go along with them.
Republished with permission from Daily Kos.
