AMY KRISTIN SANDERS
Free press advocates have lamented the recent uptick in the number of lawsuits news organizations from the Wall Street Journal to CNN are facing for their critical coverage of government and political leaders. But history reminds us that these attacks are not new despite the First Amendment’s purported protection of freedom of expression. Even before the Constitution was ratified, printer John Peter Zenger faced seditious libel charges for criticism of Britain’s colonial leaders. During the Civil Rights Movement, segregationists turned to libel laws to discourage news coverage of their violent efforts to avoid integration. Not long after Watergate brought down President Nixon, conservative political groups launched high-profile attempts to bring the watchdog press to heel. This Essay analyzes these key lawsuits and the historical moment in which they arose in an effort to glean key litigation and advocacy strategies to help news organizations rebut current attempts to weaponize libel law and erode press freedom.