• Donald Trump said he's planning on suing a newspaper over an election poll he didn't like.
  • It's in keeping with a flurry of recent threats — and suits — Trump has filed against the media.
  • That can create a landscape where publishers will have to be extra careful about what they say.

A pretty good journalism rule of thumb: Someone threatening to sue someone isn't news.

Literally anyone can say they're going to sue someone, for any reason. But many people who say they're going to sue someone don't follow through. So, the argument goes, you should wait until they actually file a suit, for real, to report on it.

Then there's Donald Trump. He also threatens to sue people — and the press specifically — all the time. But sometimes, he goes ahead with the threat. He's also going to be the most powerful person in the world, again, starting next month.

So. When Trump announces that he's going to sue journalists and news organizations — like he did Monday, when he suggested he would sue pollster Ann Selzer, or The Des Moines Register, or both, for publishing a poll that showed him losing Iowa in the 2024 election — should we take him seriously?

I think so.

That's in part because Trump, who has a long career of threatening media organizations, seems to be ramping up his legal energy. Over the weekend, he extracted a $15 million settlement from ABC News over a George Stephanopoulos interview from March that Trump said was defamatory. He's also filed a suit against CBS over the way its "60 Minutes" program handled an interview with Kamala Harris, claiming the network is guilty of election interference.

Plenty of legal experts think Trump has no chance of defeating CBS in court — "The First Amendment was drafted to protect the press from just such litigation," attorney Floyd Abrams told CNN this fall. But that same cohort didn't think much of Trump's chances against ABC.

Just as important: The threats Trump is making— along with those made by others in his circle, like Kash Patel, Trump's nominee to run the FBI, who has promised to "come after the people in the media who lied about American citizens who helped Joe Biden rig presidential elections" — seem to be a strategy.

As The New York Times's David Enrich notes, those suits and threatened suits seem like the "latest sign that the incoming Trump administration appears poised to do what it can to crack down on unfavorable media coverage."

It's true that the First Amendment makes it hard to win suits against journalists, and everyone else in the United States, over what they say or write. Even more so when the person filing the suit is a public figure. And Donald Trump may be the most public figure there is.

But fighting lawsuits — even those without much chance of winning — can be very costly. (For its part, The Des Moines Register's parent company has said a lawsuit would be without merit.) And while it's possible for publishers who win suits Trump files against them to charge him for their legal fees — like The New York Times successfully did this year — you still have to have the money, and willpower, for the fight.

Perhaps just as important: It's one thing to fight Donald Trump in court when he's a private citizen. It's quite another when he's the president of the United States and can make life difficult for you or your company regardless of what happens in the courtroom.

All of which is something you now have to think about if you're in the business of journalism. Not just when Trump, or someone in his circle, complains about your reporting — but before you publish or air it. That seems to be what Trump would like.

So yeah. That's a story.

Read the original article on Business Insider