Almost from the beginning of the social-media age, I’ve been too deeply immersed for my own good. So I appreciated this recent essay (gift link) in The New York Times Magazine by J Worthen, who tells us that Bluesky might look like the better, kinder place at the moment but that it’s probably destined to turn into a vortex of sociopathy like all the rest. Here’s the nut:
We have officially arrived in late-stage social media. The services and platforms that delighted us and reshaped our lives when they began appearing a few decades ago have now reached total saturation and maturation. Call it malaise. Call it Stockholm syndrome. Call it whatever. But each time a new platform debuts, promising something better — to help us connect better, share photos better, manage our lives better — many of us enthusiastically trek on over, only to be disappointed in the end.
As someone who used to get into fights on Usenet back in the 1990s (look it up), long before anyone had ever thought of using algorithms to drive content that engages and enrages, I agree that it’s hopeless. Bluesky might prove to be the exception. Among other things, you get to choose your own algorithm, or none at all. But it really doesn’t matter. The real problem is that, no, you can’t have meaningful conversations with strangers, and social media is inimical to the way we’ve evolved.
The post-Musk social-media landscape has also been defined by the incredibly annoying practice of platform-shaming — a hopeless chase after the least-evil alternative, accompanied by bitter criticism of anyone who would dare keep using those platforms that are deemed insufficiently free of harmful entanglements.
E. Jean Carroll in 2006. Photo (cc) 2006 by julieannesmo.
Like most observers, I figured that ABC News’ decision to settle a libel suit with Donald Trump for a total of $16 million had more to do with the network’s desire to make a public relations problem disappear than it did with any chance that the network would actually lose the case.
After all, when anchor George Stephanopoulos said on the air that Trump had been found “liable for rape” in a lawsuit brought by the writer E. Jean Carroll, he was merely quoting a federal judge, who said a civil-court jury had indeed found that Trump “raped her” [Carroll] using the everyday meaning of the word rather than the strict legal definition.
But CNN media reporter Brian Stelter raises another intriguing possibility: that ABC’s lawyers wanted to avoid pre-trial discovery. As Stelter reports, ABC didn’t even wait for the judge to rule on whether to grant summary judgment in the case — a routine proceeding in which the defendant asks the judge to find that the plaintiff’s case is so lacking in substance that it ought to be immediately dismissed. Stelter quotes Ken Turkel, a trial lawyer who is representing Sarah Palin in her revived libel case against The New York Times:
“In my experience, when media defendants are unsuccessful at the dismissal stage,” which was in July, “they focus on preparing for summary judgment to challenge the legal sufficiency of a plaintiff’s claim,” he said. “It begs the question as to why ABC settled before the summary judgment stage.”
Turkel also said “you would have to consider” whether the discovery process unearthed emails or other internal ABC data that damaged the network’s case.
Stelter also observes that right-wing media figure Erick Erickson, who’s a lawyer, wrote on Twitter: “No, a $15 million settlement is not the cost of doing business. It is avoiding discovery.”
This makes a great deal of sense. Based on what Stephanopoulos said on the air, his comments were clearly not delivered with actual malice (that is, they were not knowingly false nor reckless), and they were arguably not even false given the judge’s comments. The judge, Lewis Kaplan, went so far as to say that the verdict “establishes against him [Trump] the substantial truth of Ms. Carroll’s ‘rape’ accusations.”
But pre-trial discovery may have revealed internal animus toward Trump from Stephanopoulos and/or others, which Trump’s lawyers might have been able to conflate into actual malice. Combined with Stephanopoulos’ failure to describe the verdict against Trump with 100% precision, ABC’s lawyers may have genuinely feared that Trump had a case he could win in front of sympathetic jury that loathes the media.
Did Stephanopoulos libel Trump? Based on facts that are on the record, the answer is “no.” And I still wish ABC had fought back. But the settlement may have been for a more complicated reason than ABC’s and parent company Disney’s desire to toady to the once and future president.
George Stephanopoulos earlier this year. Official White House photo by Carlos Fyfe.
For this morning, a tale of two libel suits, one national, one local. The national case threatens to undermine protections for journalism that have been in place since 1964. The local case will result in the closure of a weekly newspaper that started publishing 139 years ago.
First, the national lawsuit. On Saturday, ABC News agreed to pay $15 million to Donald Trump in order to settle a libel claim over repeated on-air assertions by anchor George Stephanopolous that a jury had found Trump “liable for rape” against the writer E. Jean Carroll. The money will be paid to Trump’s presidential library and foundation, Paula Reid and Katelyn Polantz report for CNN. ABC will also pay $1 million for Trump’s legal fees and issue an apology.
The problem is that what Stephanopoulos said was substantially true. The CNN story put it this way: “In 2023, a jury found that Trump sexually abused Carroll, sufficient to hold him liable for battery, though it did not find that Carroll proved he raped her.” And here’s the big “but”: In August 2023, U.S. District Judge Lewis Kaplan found that Trump had, in fact, raped Carroll under the everyday meaning of the word if not under the legal definition. Here’s what Lewis said at the time in the course of ruling on one of Carroll’s defamation proceedings against Trump:
Indeed, the jury’s verdict in Carroll II establishes, as against Mr. Trump, the fact that Mr. Trump “raped her,” albeit digitally rather than with his penis. Thus, it establishes against him the substantial truth of Ms. Carroll’s “rape” accusations.
I’ll give you a moment to throw up. Now, then, let’s parse this, shall we? A jury found Trump liable for “sexual abuse,” which Judge Lewis ruled was tantamount to being found liable for rape. What Stephanopoulos said was inaccurate only under the most hypertechnical interpretation of what actually happened — and, as I said, Stephanopoulos’ assertions were substantially true, which is supposed to be the standard in libel law. But ABC and its parent company, Disney, decided to appease Trump rather than continue to fight.
And what’s with Stephanopoulos? At 63, he has made many millions of dollars. If he had resigned and continued to fight rather than go along with his corporate overlords, he could have been a hero. Who knows what opportunities would have opened up for him? Instead, he’s content to continue as a highly compensated apparatchik. It’s sad.
By settling with Trump, ABC is following in the path of other corporate titans, a number of whom have donated $1 million apiece to Trump’s inauguration festivities. The donors include Facebook CEO Mark Zuckerberg, OpenAI CEO Sam Altman and Amazon founder Jeff Bezos, who owns The Washington Post.
Under the 1964 Supreme Court ruling of Times v. Sullivan and subsequent refinements, public officials and public figures like Trump need to show that statements they find harmful are false, defamatory and made with actual malice — that is, with knowing falsehood or with reckless disregard for the truth — in order to win a libel suit.
What Stephanopoulos said arguably wasn’t even false, and surely it didn’t amount to actual malice. A deep-pockets defendant like Disney ought to stand up for the First Amendment lest its cowardly capitulation to Trump harm other media outlets without the wherewithal to fight back.
Coming at a time when two of the Supreme Court’s justices, Clarence Thomas and Neil Gorsuch, have publicly signaled that they would like to weaken Times v. Sullivan, ABC’s behavior is shockingly irresponsible.
Local paper to close
Now for the local case. On several occasions I’ve written about an explosive libel suit brought against the weekly Everett Leader Herald by that city’s mayor, Carlo DeMaria.
Unlike the matter of Trump and ABC, you will not find a clearer example of actual malice, as Leader Herald publisher and editor Joshua Resnek testified in a deposition that he’d made up facts and quotes in a campaign aimed at impugning DeMaria’s integrity. That news was broken in January 2023 by Boston magazine’s Gretchen Voss. Indeed, eight months later, Middlesex Superior Court Judge William Bloomer froze assets belonging to Resnek and one of the paper’s owners, Matthew Philbin, because he believed DeMaria was likely to win his case.
The denouement came Sunday when The Boston Globe reported that the suit would be settled for $1.1 million and that the Leader Herald would be shut down as part of the settlement. Globe reporter Maddie Khaw writes:
Resnek, who writes and edits most of the Leader Herald’s articles, has frequently used the nickname “Kickback Carlo” to refer to DeMaria, a moniker representing Resnek’s claims that DeMaria had received illegal payments in real estate deals.
Records show that Resnek has admitted to knowingly reporting falsehoods and fabricating quotes.
“Mr. Resnek wrote what he wrote because he believed Mr. DeMaria was bad for the City of Everett and he was motivated by the fanciful notion that he could bring about Mr. DeMaria’s defeat in the [2021] election for Mayor,” the defendants’ lawyers wrote in court documents.
DeMaria and his lawyers will hold a news conference later today. Meanwhile, there is nothing up at the Leader Herald’s website about the settlement, which features several stories that were posted as recently as this month.
Incredibly, Everett is also the home of two other weekly newspapers, the Everett Independent and the Everett Advocate, both of which are part of small, locally owned chains; neither of them has anything on the settlement, either.
If you’re so inclined, you can sift through mounds of commentary on CNN’s alleged news event Wednesday night with Donald Trump. Tom Jones of Poynter has a solid account here. I thought beforehand that it would be terrible, but it was even worse than that.
If you saw it, or if you’ve just read about it, you know that the hall was filled with MAGA types who cheered Trump’s every utterance, whether it was his support of the Jan. 6 insurrectionists or his dismissal of E. Jean Carroll as a “whack job.” Carroll just won a $5 million jury verdict against Trump for sexually attacking her and for libel.
CNN moderator Kaitlan Collins was well-prepared and tried the best she could to hold Trump to account. Predictably, though, he shouted over her, spewing lies at such a rapid clip that she could only latch onto a few of them in an attempt to push back. It was a disgraceful night for CNN, and president Chris Licht ought to be fired. Then again, he was only doing what his corporate overlords want, and he seems quite pleased with himself today.
I do want to zero in on one moment. When Collins pointed out that people died on Jan. 6, Trump immediately cited Ashli Babbitt, an insurrectionist who was fatally shot by a Capitol police officer. Trump denounced Lt. Michael Byrd, who’s Black, as a “thug,” and by injecting him to the proceedings unbidden, he put the officer’s life and safety in danger at the hands of deranged right-wingers and white supremacists. Byrd told NBC News in 2021 that he’d gone into hiding. If he has since been able to resume his normal life to some degree, Trump has now shattered that.
“America was served very well by what we did last night,” Licht told his staff after the event, according to tweets by Brian Stelter, the network’s media reporter until Licht fired him. No we weren’t, and CNN’s current media reporter, Oliver Darcy, said so in his morning newsletter, writing, “It’s hard to see how America was served by the spectacle of lies that aired on CNN Wednesday evening.”
