Trump’s Assault on the Free Press

Melissa Murray (0:00)

Strict Scrutiny is brought to you by Americans United for Separation of Church and State. It's back to school season, and this year, five million children across Texas are going to be greeted by the 10 commandments in their classrooms.

Texas politicians passed a law requiring the 10 commandments in every public school classroom, forcing their religion on every kid in those schools. 28 families in Texas, supported by Americans United for Separation of Church and State, are taking the fight to the Supreme Court. And we need you to amplify their voices before the Supreme Court gets its hands on this case.

Donald Trump (0:32)

They're going to go up, but we're going to fight to get them taken down.

Melissa Murray (0:38)

That was Texas public school parent Ted Lowe. Ted and Rebecca Lowe are an interfaith couple. Ted is Jewish and Rebecca is Christian, and their kids are enrolled in a Texas public school. The story they tell in this video is moving, and we hope everyone hears and shares it. There is a human cost of Christian nationalist policies like those 10 commandments laws and the decisions that the Supreme Court hands down. You can visit au.org/10c to learn more about this case and how you can help join the fight to protect church state separation.

SPEAKER_3 (1:14)

Mr. Chief Justice, please support. It's an old joke, but when a hard-hit man argues against two beautiful ladies like this, they're going to have the last word.

Kash Patel (1:26)

She spoke not elegantly, but with unmistakable clarity.

SPEAKER_3 (1:36)

All I ask of our brethren is that they take their feet off our necks.

Melissa Murray (1:56)

Hello, and welcome back to Strict Scrutiny, your podcast about the Supreme Court and the legal culture that surrounds it. We're your hosts. I'm Melissa Murray.

Leah Litman (2:04)

And I'm Leah Litman, which means we've got two regular hosts here today in the late summer rotation. But don't worry, all three of us will be back together soon, specifically next week.

Melissa Murray (2:15)

I do think they ought to be grateful that there are two of us. I mean, like, I mean, we can't even find the Supreme Court right now.

Leah Litman (2:20)

If you only knew what was going on in my life, listeners, if you only knew.

Melissa Murray (2:24)

We're doing this out of love. We love you. And we're so glad to be here together today. And today's episode is going to be some rollicking fun. So buckle up, buttercups. We are going to cover the legal news. And then we are going to have a book conversation with our Crooked colleague Alex Wagner about her amazing new book, The Steal, Four Right-Wing Hard-Liners, One Republican Presidency and the Raid on America's Courts.

Titillating.

Leah Litman (2:49)

Speaking my love language.

Melissa Murray (2:51)

It's totally my love language. I found this book so amazing and compelling. And I actually know how it ends, which is even more amazing.

I loved it and I know the ending.

Leah Litman (3:01)

Okay.

Melissa Murray (3:02)

And then, listeners, speaking of endings, we are going to end per usual with our favorite things. And it's a doozy. Let's get started.

Leah Litman (3:10)

Okay. So, listeners, you all have definitely heard us discuss a case called New York Times versus Sullivan. Sullivan arose when civil rights advocates placed a full-page ad in the New York Times criticizing the Montgomery Police Department for its treatment of civil rights protesters, including Dr. Reverend Martin Luther King Jr. The ad contained some factual errors, including the number of times that King had been arrested in Montgomery, honestly hard to keep count and track. And based on those errors, the chief of police sued the New York Times for defamation.

Melissa Murray (3:41)

As you do.

However, in a unanimous decision that is widely regarded as the bedrock of a free press, the Supreme Court ruled for the New York Times and held that in addition to establishing the traditional elements of a defamation claim, those charging defamation also have to show that statements made against them were made with quote, actual malice. If you were wondering, actual malice is actually a very high standard and it allows for the media to make inconsequential mistakes without fear of being held into court.

Leah Litman (4:12)

At least when we're talking about public figures. But Donald Trump hates this precedent. He's actively called for it to be overruled. Justice Thomas, of course, DTF down to fuck with the free press has indicated he agrees that he should revisit, we should revisit New York Times versus Sullivan and maybe also modernity.

Melissa Murray (4:31)

Anyway, the court hasn't seemed that press to do the president's bidding, at least on this issue. Few terms ago, it declined to review an appeal brought by casino giant Steve Wynn that would have teed up the Sullivan precedent for reconsideration.