In December 2024, the First Amendment took a significant hit when ABC News agreed to pay a staggering $15 million settlement to Donald Trump.
Donald Trump has a reputation for being quick to file lawsuits, especially against the media, but he doesn’t usually come out on top in these battles. The First Amendment, after all, is a cornerstone of American democracy, protecting free speech and the press.
This time, however, Trump managed to score a rare win. The case revolved around a comment made by veteran ABC News anchor George Stephanopoulos, which Trump claimed was defamatory. The settlement surprised many, given the strong legal protections usually afforded to journalists under the First Amendment.
George Stephanopoulos, a well-respected journalist with a long career that includes 17 Emmy nominations, found himself at the center of this costly controversy. He mistakenly used the term “rape” while discussing Trump’s legal troubles involving author E. Jean Carroll, who had accused Trump of sexual abuse.
Here’s the rub: while Trump was found liable for sexual abuse in a 2023 case, the legal definition of “rape” under New York law didn’t apply to the acts for which he was held accountable. Stephanopoulos’s choice of words—viewed by many as an innocent slip—gave Trump the ammunition he needed to sue.
Why Did ABC Settle?
Many might wonder why ABC News didn’t fight the lawsuit, especially since Trump has a track record of making baseless claims against the media. But the reality is that legal battles are expensive, unpredictable, and time-consuming. In this case, the technical inaccuracy of Stephanopoulos’s wording left ABC vulnerable.
Legal experts note that while most people use terms like “rape” and “sexual abuse” interchangeably, the law often operates in a far narrower scope. Judge Kaplan, who oversaw the Carroll case, even acknowledged that Trump’s actions fit the “common understanding” of rape but didn’t meet the specific legal criteria in New York’s penal code.
This technicality was enough for Trump to argue defamation, and ABC decided it was less risky to settle than to face a prolonged legal fight.
The $15 million settlement is seen by many as a chilling precedent. Critics argue it emboldens powerful figures like Trump to weaponize the legal system against the press, undermining freedom of speech in the process.
Trump, for his part, has shown he’s willing to go after anyone who uses the term “rapist” to describe him, despite the court’s finding that he did sexually abuse Carroll. His aggressive tactics and courtroom victory not only sidestepped further damage to his reputation but also delivered a blow to journalistic freedom.
This case isn’t just about one lawsuit; it’s a wake-up call for news organizations. The fear is that such settlements could discourage reporters from tackling difficult subjects, especially when powerful individuals are involved.
As for Trump, this win reinforces his strategy of using the courts to control the narrative around his controversial past. For the press and the First Amendment, it’s a stark reminder of the precarious balance between free speech and the legal risks that come with reporting on powerful people.
This incident has reignited debates about the limits of defamation laws and how they interact with journalistic freedoms—a conversation that’s far from over.