The Struggle Against Federal Intimidation
CBS was effectively muzzled by a lawsuit about editing, alleging that a condensed version of an episode of Sixty Minutes’ reporting on Kamala Harris’s answer to a question about Gaza was edited for “Face the Nation” to make Harris look better and improve her standing for the Presidential election.
Although the lawyers for CBS declared the suit was “completely without merit,” the network caved and settled for a $16 million donation the Trump’s Presidential Library.
Coincidentally the settlement was achieved just as CBS parent company Paramount’s $8.4 billion merger with David Ellison’s Skydance Media received regulatory approval. Late-night television host Steven Colbert referred to the settlement as “a big fat bribe.” Three days later his show was cancelled effective the end of the spring season. The network called it a”purely financial decision.”
Colbert has taken the cutting of his show as an opportunity to amp up his mockery of President Trump. Even if he goes over the top on his ridicule, he proves he will not be intimidated by federal bullying of his profession.
In many cases the federal courts have made similar bold moves to curtail the obstruction of free speech by the many-pronged attack of the Trump administration.
A federal judge on Tuesday nullified nearly all actions that the Trump administration took to shutter Voice of America, a federally funded news organization that broadcast to countries with limited press protections, including Iran, China and Russia.
I want to give thanks for our court system, which has almost consistently blocked the Trump administration’s plans to silence opposition. Trump is no friend of the First Amendment, since most of his lawsuits target language news media used to describe him.
He has banned major news outlets like the Associated Press from White House News Conferences, because he does not like their reporting. Currently the President has six lawsuits pending against new organizations:
- The Wall Street Journal
- The New York Times
- British Broadcasting System
- the Des Moines Register
- CNN
- the Pulitzer Prize Board (disputing journalism prizes awarded eight years ago
Politico argues that the goal is not to win, but to dampen the climate of public resistance to federal intimidation
These lawsuits can advance Trump’s goals even if he never wins. Litigation is expensive, and Trump himself has acknowledged that saddling his perceived enemies with onerous depositions is part of the point. Knowing the president is willing to rush to court could intimidate smaller outlets into easing up on Trump, experts said. https://www.politico.com/news/2026/03/04/donald-trump-media-lawsuits-00812525
The Republican Party used to be the defender of free speech and a fierce opponent of government regulation. It would claim that Democrats were excessively litigious against private business by enforcing environmental and workplace safety laws.
Now the Party has been possessed by the demons it once attacked. The degree of federal litigation is breath-taking. The use of federal power to “cancel” free speech is daunting. Even Senator Ted Cruz has remarked on the over-reach of federal regulation, but few Republicans have summoned the nerve to oppose the President.
I am grateful that at least six media outlets, one late-night talk show star, and numerous lower court judges are not intimidated by the bullying of federal authority. They are the dam that stems the flood of regulation and lawsuits against the right to self-expression. They will eventually be honored for saving us from the complete shutdown of the freedom of the press and the power of the lawsuit monster.