The New York Times’ David Enrich is one of America’s most tenacious investigative journalists. So when he comes out with a book entitled Murder the Truth, we should take note. There’s a campaign, Enrich warns, sometimes secret, sometimes open, to undermine the First Amendment and press freedom, thereby protecting the rich and powerful. Led by Clarence Thomas, Enrich explains, it’s an attempt to call into question the 1964 Supreme Court’s 1964 New York Times vs Sullivan decision on libel. Undermine this critical judgement on press freedom, Enrich warns, and the truth could, indeed, by murdered in the United States.
Here are the five key take-aways in our conversation with David Enrich:
* New York Times v. Sullivan is a crucial legal precedent for press freedom - This 1964 Supreme Court case established the "actual malice" standard that gives journalists protection when reporting on public figures, allowing them to make good-faith mistakes without facing ruinous litigation.
* There's a coordinated effort to weaken press protections - Enrich describes a network of conservative lawyers, activists, judges, and wealthy individuals working to undermine New York Times v. Sullivan, with Supreme Court Justices Clarence Thomas and Neil Gorsuch already expressing interest in reconsidering the precedent.
* Legal harassment is already silencing journalism - Even with current protections in place, powerful individuals and organizations are weaponizing defamation lawsuits to intimidate journalists, particularly affecting smaller, independent outlets that lack the resources to fight prolonged legal battles.
* Media ownership is responding to political pressure - The conversation touches on how even billionaire media owners like Jeff Bezos (Washington Post) appear to be making editorial decisions based on fears of government retaliation under the Trump administration.
* The threat to press freedom is incremental, not sudden - Enrich argues we may be at a pivotal moment where the campaign against press freedoms is moving from rhetoric to tangible action, comparing it to the "frog in boiling water" - a gradual process that may only be recognized in retrospect.
David Enrich is the Finance Editor at The New York Times. He previously was an editor and reporter at The Wall Street Journal in New York and London. He has won numerous journalism awards, including the 2016 Gerald Loeb Award for feature writing. David grew up in Lexington, Mass., and graduated from Claremont McKenna College in California. He lives in New York with his wife and two sons.
Named as one of the "100 most connected men" by GQ magazine, Andrew Keen is amongst the world's best known broadcasters and commentators. In addition to presenting the daily KEEN ON show, he is the host of the long-running How To Fix Democracy interview series. He is also the author of four prescient books about digital technology: CULT OF THE AMATEUR, DIGITAL VERTIGO, THE INTERNET IS NOT THE ANSWER and HOW TO FIX THE FUTURE. Andrew lives in San Francisco, is married to Cassandra Knight, Google's VP of Litigation & Discovery, and has two grown children.
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