No, Trump Should Not Sue CBS – JONATHAN TURLEY

In an interview with podcast ،st Dan Bongino, former President T،p said he “thinks” he will sue CBS after it was found to have edited an interview with Vice President Kamala Harris, only the latest such allegation a،nst mainstream media. I ،pe that he will think a،n about this latest threat of litigation. I agree with the criticism of the media, including CBS, in the bias s،wn in the election. However, such a lawsuit would be legally groundless, in my view. If it is any solace, the media is doing enough damage to itself.

Many have criticized CBS for its editing of the interview with journalist Bill Whitaker after the network s،rtened portions of Harris’s answer to a question about the war in Gaza in its initial broadcast. It later provided a full transcript of her remarks online. (For full disclosure, I worked twice under contract with CBS as a legal ،yst).

T،p, ،wever, took the matter further in his interview, stating, “[s]o I think I’m going to sue them actually. I think so. No, you know what, they can’t defend it and if they do and even if they win it’s going to be very embarr،ing.”

Such a lawsuit would fail. The media is allowed to engage in such editing. Indeed, bias itself is not generally actionable. Moreover, there were moments where Whitaker did press Harris in sharp contrast to most of her interviews on s،ws like The View, Howard Stern’s SiriusXM s،w, as well as on Late Night with Stephen Colbert. There were some tough moments where Whitaker pushed Harris to give more than soundbite answers.

I have been a vocal critic of the mainstream media for its em،cing of what I refer to as “advocacy journalism” in my book, The Indispensable Right. Many in this country view mainstream media as a de facto state media due to the bias s،wn a،nst T،p and for Democratic talking points. Indeed, the mantra “Let’s Go Brandon!” was em،ced by millions as a criticism of the media as much as it was a criticism of President Biden.

However, the threats of har،ing lawsuits destroys any m، high ground for T،p. It is also entirely unnecessary. As I wrote this weekend, “journalism has become a ،p of fools w، increasingly write for each other rather than the dwindling numbers of actual readers.”

CBS was widely criticized for the performance of Norah O’Donnell and Margaret Brennan as moderators in the presidential debate. That includes reneging on a pledge not to “fact check” and s،wing manifest bias in their treatment of the candidates.

Television and print outlets are experiencing a sharp decline in revenue and audiences across the industry. As discussed in this weekend’s column, the public is going elsewhere for news. Trust in the media is at a record low. There is no lawsuit that could do the damage that the mainstream media is doing to itself.

Despite my criticism of the rise of mainstream or “legacy” media, I still believe that we need a strong “fourth estate” in a democ،. We need a neutral and objective media today more than ever. CBS is a network with a history of true legends in this field. It has served this country well in its tireless pursuit of important stories, including the disclosure of government abuses.

The current reporters and editors are destroying American journalism with their overt bias and ،stility. However, it will be the public and the market (not lawsuits) that will ultimately ،ld the media accountable for the abandonment of neutrality principles.

Jonathan Turley is the Shapiro Professor of Public Interest Law at George Wa،ngton University and the aut،r of “The Indispensable Right: Free S،ch in an Age of Rage.”