Hey, I get busy for a day and don’t get on my computer, and when I return I see there are 158 comments to plow through in the “tyrant” thread. No better proof of the fact that discussions around the blogosphere are more heated than ever these days.
The post used this quote by Donald Trump to indicate that he has, as I said, “tyrannical impulses.” I’ll repeat the quote here, just to remind you what we were talking about:
And one of the things I’m going to do, and this is only going to make it tougher for me, and I’ve never said this before, but one of the things I’m going to do if I win ”” and I hope I do and we’re certainly leading ”” is I’m going to open up our libel laws so when they write purposely negative and horrible and false articles, we can sue them and win lots of money. We’re going to open up those libel laws. So that when The New York Times writes a hit piece, which is a total disgrace, or when the Washington Post, which is there for other reasons, writes a hit piece, we can sue them and win money instead of having no chance of winning because they’re totally protected. You see, with me, they’re not protected because I’m not like other people but I’m not taking money. I’m not taking their money. So we’re going to open up those libel laws folks and we’re going to have people sue you like you never got sued before. We have many things to do. We have many, many things to do.
It occurred to me when I read some of the comments to the post that some people were defending Trump by arguing the merits of the current defamation laws re the press, and saying that they disagreed with those laws. So that’s what prompted this postscript.
The operating case is NY Times vs. Sullivan, which protects news outlets from libel suits for printing falsehoods except in the case of actual malice. Proving malice requires, among other things, knowledge of error and purposeful publishing anyway. That is a very high standard for establishing guilt, and of course NY Times vs. Sullivan could be overruled, and we could have a discussion on the merits of that, and no doubt it would be an interesting discussion.
For example, we could ponder this background to the case:
Before this decision, there were nearly US $300 million in libel actions outstanding against news organizations from the Southern states, and it had caused many publications to exercise great caution when reporting on civil rights, for fear that they might be held accountable for libel.[citation needed] After The New York Times prevailed in this case, news organizations were free to report the widespread disorder and civil rights infringements. The Times maintained that the case against it was brought to intimidate news organizations and prevent them from reporting illegal actions of public employees in the South as they attempted to continue to support segregation.
After Sullivan, the rule was this:
…”the First Amendment protects the publication of all statements, even false ones, about the conduct of public officials except when statements are made with actual malice (with knowledge that they are false or in reckless disregard of their truth or falsity).”
As I said, we certainly could have an argument on the merits about that. For example, if you think that sets too high a bar for defamation and you think the press is now abusing it, how could Sullivan be overruled, and would that be a good thing or a bad thing? Does actual malice need to be proved? If it didn’t need to be proved, couldn’t the law be used to sue for honest errors, in order to silence opposition and freedom of the press? How we would we know if the pendulum had swung too far?
Do you really think I’d devote a post to calling someone a tyrant who merely brought that subject up, and questioned whether Sullivan set the bar for defamation too high? If you think that, you don’t understand where I’m coming from, and where I’ve been coming from for my entire blogging life. If you misunderstand me that deeply, that’s certainly discouraging, to say the least.
I personally have some problem with Sullivan as it stands, and I also have problems with doing away with it, and have never been able to decide if its a net plus or minus on the whole. As I said, that be a worthwhile discussion.
That’s not what that post was about. And it’s not what Trump said—and if it had been, there would be no quarrel whatsoever between Trump and me on the subject.
What Trump actually said was that if elected he himself is (he used the word “I”) somehow going to “open up the libel laws.” In the post, I wrote the following:
I wonder, also, how one “opens up” laws. I’d be awfully curious to hear Trump explain (extemporaneously, without consulting others)””other than to say he’ll do it, and it will be great.
I would like to know whether Trump knows what our current liberal laws are based on, and how they might be changed.
Trump did not refer to Sullivan by name, but one can assume that the case is at least a part (probably a large part) of what he must have meant, and since Trump has sued many times for defamation I can only assume he knows something about the law of defamation. So, how does one “open up” laws as president? He doesn’t discuss how, so he is either just threatening the press so that they don’t criticize him (part of his tyrannical impulse, by the way) or he is planning some sort of strange executive action on it (also what tyrants do) or he is planning to pressure judges to change the law or he is letting us know what he wants to do.
In connection with what might actually be in Trump’s mind, notice that in that post I used the word “impulses” (“point to the fact that he has tyrannical impulses“) and emphasized that word with italics, to indicate that I am speaking of Trump’s wishes and druthers, not necessarily what he could actually accomplish. I would hope that our court system and constitution are strong enough to resist his tyrannical impulses (and “intent,” another word I used in the post). But it is highly possible that they are not. And to say “Hillary is no better” is scant comfort.
We are currently in the primary season. Super Tuesday is tomorrow. If one is choosing a candidate as presidential GOP nominee one would do well not to choose one with stated and demonstrated tyrannical impulses. That was my point, and I think I made it clear. But many people seem to want a strong man to make things all better, and they seem to be trusting Trump to do exactly what they want, no more and no less.
I used to think there were more people in the GOP who were wary of tyranny than there were among the members Democratic Party. There still might be more—a few more. Perhaps. But not nearly as many as I used to think.