A judge has thrown out former President Donald Trump’s $100 million lawsuit against The New York Times over the disclosure of his tax information, the subject of a Pulitzer Prize-winning investigative report.
The lawsuit, which was filed in 2021, also included claims against individually named Times reporters Susanne Craig, David Barstow and Russell Buettner, who reported the 2018 investigation on Trump’s taxes. That investigation won the Pulitzer Prize for explanatory journalism in 2019.
On Wednesday, Justice Robert R. Reed of the State Supreme Court in Manhattan decided Trump’s claims of an “insidious plot” involving the Times and his niece Mary Trump to obtain Trump’s tax records lacked merit.
“Courts have long recognized that reporters are entitled to engage in legal and ordinary newsgathering activities without fear of tort liability — as these actions are at the very core of protected First Amendment activity,” Reed wrote in his decision, which also ordered Trump to pay legal expenses for the Times and its reporters. Read the full decision here.
“The New York Times is pleased with the judge’s decision today,” New York Times spokesman Charlie Stadtlander said in a statement for the Times’ own story on the dismissal. “It is an important precedent reaffirming that the press is protected when it engages in routine news gathering to obtain information of vital importance to the public.”
Trump has been enthusiastic about filing lawsuits against the press in recent years, including:
- A $475 million defamation lawsuit against CNN. CNN has asked for a dismissal. (Still, CNN will host a town hall with Trump on May 10.)
- A January 2023 lawsuit against journalist Bob Woodward on the basis of alleged copyright violations in Woodward’s audiobook “The Trump Tapes,” which included eight hours of audio from Woodward’s interviews with Trump without his consent.
- A dismissed 2020 lawsuit against The New York Times from Trump’s reelection campaign for libel, over a guest essay in the Opinion section
A similar 2020 lawsuit against The Washington Post for two opinion pieces linking Trump’s 2016 campaign to Russian interference, which was also dismissed this spring.
Lee ends quarter with loss despite digital growth
Lee Enterprises, which owns 77 daily newspapers, ended the second quarter of the fiscal year with a $5 million net loss despite reporting “strong” digital growth.
In the quarter ending March 26, Lee saw its digital-only subscribers and revenue increase compared to the same period last year. Digital revenue now makes up 38% of Lee’s total operating revenue. The company’s goal is to hit 50% by 2026.
As Lee focuses on digital revenue, it has moved away from print. Vice president and chief financial officer Tim Millage said during an earnings call Thursday that Lee has cut costs tied to distribution, manufacturing, corporate services and print advertising.
“Despite the macro environment, we have reset our projections and taken swift action on the cost side, taking $76 million out of the organization,” Millage said.
Millage’s comment came just days after the Daily Montanan reported that Lee is planning to reduce print days at all of its papers, except for its 20 largest. Lee has also executed layoffs and other cutbacks like furloughs at papers across the country during the past quarter. Those cuts include the announcement that it would outsource print production at The Buffalo News.
In response to an investor’s question, Millage appeared to acknowledge the Daily Montanan’s reporting, confirming that one of Lee’s markets is reducing print to three days a week.
“Over the last three to four years, we have been able to retain a lot more of our print subscribers and more of our print subscription revenue relative to others in the industry,” Millage said. “That said, we are seeing unit declines accelerating in 2023 …
“We’re reevaluating our print products with the goal of continuing to provide our local communities with robust, high quality, local news in the best possible print product in our local market at the same time as managing the cash flow of these revenue streams as they mature.”
Lee shares fell nearly 4.3% Thursday and closed at $10.53. They were trading at $22.75 a share in late January.
When Twitter fact-checks the fact-checkers
Twitter’s Community Notes was supposed to address misinformation on the platform. Recent “helpful” context added by the crowdsourced fact-checking feature is another example of why it’s not working.
First, a refresher: Community Notes, originally called Birdwatch, is a system in which approved Twitter users can add “additional context” — called notes — to a tweet that may be misleading. These notes are only visible to Twitter as a whole when they are voted “helpful” by enough users.
In practice, think of it like Wikipedia and Reddit had a child who says “well, actually” all the time.
In a coup for people who love to comment “But who fact-checks the fact-checkers,” a Community Notes user successfully flagged a PolitiFact tweet on the platform. The tweet contained a link to a story highlighting statements from teachers union president Randi Weingarten in support of reopening schools — with restrictions — during the COVID-19 pandemic.
But the note cherry-picked quotes to make it seem like Weingarten has actually opposed reopening schools under any circumstances. Ironically, the PolitiFact story adds context to another Community Notes attached to a Weingarten tweet. (Still with me?)
The dustup illustrates the partisan grievance seen in Community Notes all the time. A who’s who of fact-checking critics — including the infamous Libs of Tikok account and Florida Gov. Ron DeSantis’ deputy press secretary — poured into the comments to celebrate the note, which has been seen more than 600,000 times. (This meme sums up the sentiment.)
Community Notes held promise to be the Wikipedia of fact-checking on a platform filled with misinformation. It would be a way to address falsehoods at scale in a way resource-strapped newsrooms, with an algorithm that punishes partisan brigading.
But, the PolitiFact note shows that Community Notes — which struggles with the scale aspect — also harbors partisanship in what should be the nonpartisan business of fact-checking.
Veteran US journalists are very concerned about press freedoms
There are many protections for journalists in the United States: the First Amendment, shield laws, and (knock on wood) the landmark case of New York Times v. Sullivan. But there’s no doubt that there’s a growing climate of concern around press freedom in the United States. According to a new survey by Pew Research Center, roughly six in 10 journalists (57%) in the United States are extremely or very concerned about potential restrictions on press freedoms in the country, including a third who say they are extremely concerned.
The nonpartisan fact tank’s new analysis is based on a survey of nearly 12,000 working U.S.-based journalists. Just one in five journalists polled have low levels of concern.
“These concerns come at a time when the U.S. ranks 42nd in the world in press freedom, according to a 2022 analysis by Reporters Without Borders, and as some journalists face harassment or threats of arrest,” the Pew Research report states.
There were some interesting findings based on age. According to the survey, older journalists are especially concerned about press freedoms in the U.S.
“Roughly two-thirds of journalists ages 65 and older (68%) and ages 50 to 64 (63%) say they are extremely or very concerned about potential restrictions on press freedoms in the U.S.,” the report reads. “Smaller, yet sizable, shares of journalists ages 30 to 49 (52%) and those under 30 (42%) share these concerns.”
Media tidbits
- The 2023 Dart Awards for Excellence in Coverage of Trauma were announced Thursday. This year’s honorees are The Boston Globe for “Kate Price Remembers Something Terrible,” and the Milwaukee Journal Sentinel and ProPublica for “The Landlord & the Tenant.” Dart awarded a special citation to The Washington Post for its “ongoing reporting on gun violence in America, specifically its impact on children.”
- Lauren Johnston has been named executive editor of Yahoo News, U.S. Johnston will lead Yahoo’s team of journalists across news, entertainment and lifestyle. Johnston joined Yahoo nine years ago and was most recently head of programming.
More resources for journalists
- Subscribe to Poynter’s Friday newsletter, Open Tabs with Poynter managing editor Ren LaForme, and get behind-the-scenes stories only available to subscribers.
- Join us for An Evening with Denis Phillips — May 12, at The Straz. Get tickets.
- Editorial Integrity and Leadership Initiative — (Sept. – April, 2024) (Hybrid) — Apply by May 15.
- Lead With Influence (July 2023) (Seminar) — Apply by June 2.
Today’s Poynter Report was written by Annie Aguiar, Amaris Castillo, Angela Fu, Ren LaForme and Alex Mahadevan.
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