"In the epilogue to his insightful Collision of Power, former Washington Post editor Marty Baron argued in 2023 that "the legacy media's legal strategy deserves a rethink." Baron imagined a day when news organizations would need to step outside the confines of traditional journalistic instincts and fight back against the near-constant attacks on our integrity. Those attacks have come from forces who wish to dehumanize us as people and delegitimize the important work that journalists do every day in defense of democratic norms."
"Those who smear us find comfort in the expectation that, while we might complain, we're unlikely to sue. We have rendered ourselves sitting ducks for slander," Baron wrote. He continued, "I don't want mainstream journalists to behave like warriors in the practice of their craft, but neither do I want us to suffer attacks on our character without fighting back. Winning in the court of public opinion may require, at times, going to court."
Legacy media should rethink legal strategy and, when necessary, step beyond traditional journalistic instincts to defend integrity. Coordinated attacks seek to dehumanize journalists and delegitimize reporting that upholds democratic norms. Public opinion victories may require litigation, including use of criminal statutes to deter harassment and strategic deployment of libel laws in defense of reporting. Conservative instincts to avoid courts have left journalists vulnerable to slander and harassment. 2026 could force a reassessment of defensive tactics as misinformation and disinformation escalate. Personal experiences of sustained attacks from extremist actors illustrate the real-world consequences of current reluctance to sue.
Read at Nieman Lab
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