Donald Trump and the Return of Seditious Libel

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[Commentary] In 2016, for the first time since at least Richard Nixon, the leader of one of our major political parties has pledged to limit press freedom by restricting criticism of his prospective rule. But Nixon’s threats were private, revealed only by his own taping system, while Donald Trump’s are very public, loud and clear. And to be fair to Nixon, he never made good on his private threats, and in the one Supreme Court case he argued personally as a lawyer, he seemed to accept modern constitutional protections for libel.

In fact, Trump is more hostile to the legal and constitutional rights of the press than any major presidential candidate of the last two centuries. What he proposes is reminiscent of the Alien and Sedition Acts of 1798 championed (to his immortal disgrace) by President John Adams. It is cold comfort—although it may be some warning to Republicans inclined to go along—that Adams was not only defeated for re-election after passage of those laws, but lost the White House to Thomas Jefferson and his close associates James Madison and James Monroe for a quarter of a century, while Adams’ Federalist Party never really recovered.


Donald Trump and the Return of Seditious Libel