Murder the Truth/The Power to Destroy

Ralph welcomes New York Times journalist, David Enrich, author of “Murder the Truth” an in-depth exposé of the attack on freedom of the press as protected by the landmark Supreme Court decision “Sullivan v. The New York Times.” Also, Professor Michael Graetz a leading authority on tax politics and policy joins to discuss his book “The Power to Destroy: How the Antitax Movement Hijacked America.” Plus, our resident constitutional scholar, Bruce Fein, updates us on his latest efforts to push for the impeachment of Donald Trump.

David Enrich is the business investigations editor for The New York Times. He writes about the intersection of law and business, including the power wielded by giant corporate law firms and the changing contours of the First Amendment and libel law. His latest book is titled Murder the Truth: Fear, the First Amendment, and a Secret Campaign to Protect the Powerful, an in-depth exposé of the broad campaign—orchestrated by elite Americans—to overturn sixty years of Supreme Court precedent, weaponize our speech laws, and silence dissent.

When all the institutions are crushed by a dictator in the White House, it's only the people that can save the people.

Ralph Nader

The interesting thing was that Fox, and these other right-wing outlets for years had been kind of banging the drum against New York Times v. Sullivan and against the protections that many journalists have come to count on. And then they get sued and their immediate fallback is to very happily cite New York Times v. Sullivan.

David Enrich

These threats and these lawsuits have become an extremely popular weapon among everyone from the President down to mayors, city council members, local real estate development companies, on and on and on…And the direct result of that will be that powerful people, companies, organizations, institutions are going to be able to do bad things without anyone knowing about it.

David Enrich

People keep asking me what they can do, what they should do. And I think the answer is really to try and understand these issues. They're complicated, but they're also getting deliberately misframed and misrepresented often, especially on the right, but sometimes not on the right. And I think it's really important for people to understand the importance of New York Times v. Sullivan, and to understand the grave threats facing journalists, especially at the local level right now, and the consequences that could have for our democracy.

David Enrich

Michael Graetz is professor emeritus at Columbia Law School and Yale Law School and a leading authority on tax politics and policy. He served in the U.S. Treasury’s Office of Tax Policy and is the author and coauthor of many books, including Death by a Thousand Cuts: The Fight over Taxing Inherited Wealth and The Burger Court and the Rise of the Judicial Right. His latest book is The Power to Destroy: How the Antitax Movement Hijacked America.

I spent a lot of time asking people to name the most important political and social movements of the last half century. And no surprise, they named the civil rights movement, the women's movement, the LGBTQ movement, the Christian Evangelic