djt sues the NYT

djt sued the NYT for $15 billion for defamation. Among lots of other things, he alleges (1) the NYT engaged in a decades-long pattern of intentional and malicious defamation, (2) the NYT is a full-throated Democrat Party mouthpiece that has abandoned journalistic objectivity, and (3) he has suffered reputational damage from the NYT's coverage of his relationship with Epstein. 

MBFC's NYT assessment

The allegations so far are legally weak based on current defamation law, but the case is still at early stages. More details might come out that change the assessment. To win, djt must prove actual malice, which is almost impossible for public figures. Proof of defamation requires clear and convincing evidence (less than beyond a reasonable doubt, more than more likely than not) that the NYT acted with knowledge of falsity or reckless disregard for the truth. 

Evidence of mere negligence by the NYT is insufficient to support defamation liability. The "clear and convincing evidence" requirement is specifically designed to protect robust press reporting about public figures, the point being to ensure that defamation law doesn't chill legitimate journalism.

Also relevant is the fact that many or most of statements he says are defamatory are opinion or analysis, not verifiable false facts. Opinion and analysis are protected under the First Amendment. Also, for assertions of facts, truth as absolute defense. If the NYT's reporting about Trump's business practices, financial losses, crimes or other matters is substantially true, the lawsuit fails regardless of malice.

However as usual, the wild card is our MAGAfied USSC. At this point, djt knows he will lose in court under existing law. But his hope is that our radical MAGA USSC will assert the unitary executive theory or something else to find the NYT liable. 

This lawsuit is a great vehicle for our authoritarian USSC to eliminate the primary constitutional barrier to making press criticism go away. Shutting up press criticism a cherished MAGA dream. If this court is so inclined, and it definitely is, weak underlying legal claims are irrelevant. This MAGA USSC has clearly shown it will find ways to reach desired political outcomes regardless of legal merit if the stakes are high enough. Will MAGA judges do it? They certainly want to do it. But will they? Time will tell. 

Personal estimate: ~75% chance the USSC will find the NYT liable for defamation, ~60% chance the damages will be be enough to bankrupt the newspaper.

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