Trump's dangerous First Amendment attack on '60 Minutes'

Even before Donald Trump won the 2024 election, many voiced concerns about the dangers his return to the White House could pose to freedom of the press, given not only his rants against the "fake news media" but his repeated campaign-trail statements that various networks should lose their broadcasting licenses for supposed bias against him. Others dismissed these warnings as panic-mongering. But as the second Trump administration passes the 100-day mark, there is definitely cause for alarm — as the situation at CBS News illustrates.

A few days before the election, Trump filed a $10 billion lawsuit against "60 Minutes," the legendary CBS newsmagazine program, over supposed deceptive editing in an interview with Kamala Harris. A question about the Biden administration’s policy toward Israel was matched with Harris’ reply to a different follow-up question.

The original answer, somewhat more verbose, aired on another CBS News show and in a promo. Yet many Trump supporters accused "60 Minutes" of deliberately trying to hide Harris’ supposed incoherence. Trump’s lawsuit (later increased to $20 billion) makes the same claim.

That claim is absurd. News shows routinely edit interviews (including Trump’s) to make them more concise. The full transcript of the interview makes it clear that — as many experts in First Amendment law agree — the lawsuit has no merit.

But there’s a catch. Paramount, CBS News’ corporate owner, is pursuing a merger with another entertainment company, Skydance, a deal that requires approval from the Federal Communications Commission. The FCC’s Trump-appointed chairman, Brendan Carr, has said that a "news distortion" complaint to the regulator against CBS from a conservative law firm over the same interview would factor into the decision.

Paramount majority stock owner Shari Redstone, who has a friendly relationship with Trump — and stands to collect a large windfall from the merger — has been reportedly pushing to settle the lawsuit and asked CBS to tone down its negative coverage of Trump until the merger goes through. Talks about a mediated settlement are underway. Such a settlement would set a terrifying precedent for media intimidation.

So far, CBS News, and "60 Minutes" in particular, have continued with tough coverage of the Trump administration. But there may be pressure to change that. In recent days, two CBS News staffers who wanted to remain anonymous told me it was common knowledge around network headquarters that Paramount and Redstone were anxious to placate Trump. Meanwhile, Trump has made yet another public call for the FCC to slap CBS with penalties for stories that displeased him — on Ukraine and his fumbled attempts to acquire Greenland.

Late last month, CBS News executive producer Bill Owens — who previously said that he refused to apologize for the Harris interview — announced his resignation, saying he realized he "would not be allowed to run the show" as always and was "stepping aside so the show can move forward." Some of his colleagues told the media he hoped his resignation would be a wake-up call, and maybe it was: Last Sunday, top "60 Minutes" correspondent Scott Pelley explained the situation on the air in a rebuke to Paramount and to the Trump administration.

It was an extraordinary move. It was also a smart move, since it brings the pressure on the program — and the threat to the First Amendment — out into the open. Sunlight can help minimize those threats. It remains to be seen whether the American public can generate enough pressure to counter the attempt to bring "60 Minutes" to heel.

Opinions expressed by Cathy Young, a writer for The Bulwark, are her own.

By Cathy Young

Cathy Young is a writer for The Bulwark.