Pluralistic: David Enrich's "Murder the Truth" (17 Mar 2025)


Today's links



The cover for the Harpercollins edition of David Enrich's 'Murder the Truth.'

David Enrich's "Murder the Truth" (permalink)

David Enrich's Murder the Truth: Fear, the First Amendment, and a Secret Campaign to Protect the Powerful is a brave, furious book about the long-running plan by America's wealthy and corrupt to "open up the libel laws" so they can destroy their critics:

https://www.harpercollins.com/products/murder-the-truth-david-enrich

Enrich is a veteran business reporter at the New York Times; he's reported extensively on high finance and sleaze, and has a knack for piercing the Shield of Boredom that protects finance crimes from scrutiny. His 2017 book The Spider's Web manages the nearly impossible trick of making the LIBOR-rigging conspiracy – which involved trillions, but in ways that were so baroque that hardly anyone noticed – comprehensible:

https://memex.craphound.com/2017/09/24/the-spider-network-a-novelistic-account-of-the-mediocre-rich-men-who-robbed-the-world-with-libor/

In taking on the libel-industrial complex – a network of shadowy, thin-skinned, wealthy litigation funders; crank academics; buck-chasing lawyer lickspittle sociopaths; and the most corrupt Supreme Court justice on the bench today – Enrich is wading into dangerous territory. After all, he's reporting on people who've made it their life's mission to financially destroy anyone who has the temerity to report on their misdeeds.

As such, Enrich's writing is extremely cautious, sometimes comically so, but always intentionally, in a way that highlights the absurd chilling effect his subjects are attempting to induce in all of us.

The book primarily concerns itself with the effort to overturn Sullivan, a 1964 Supreme Court case that established protections for media outlets that report on public figures and commit minor factual errors, provided that the errors were neither negligent nor malicious.

Since Sullivan, media outlets have held the upper hand when reporting on public figures. While Sullivan isn't a license to simply make stuff up about celebrities, politicians and business leaders, it does mean that if a reporter makes a minor misstatement, it's on the subject of the reporting to prove that the error was negligent and/or malicious.

Before Sullivan, most defamation litigation happened in state courts, and southern courts allowed lawmakers and cops to sue newspapers that reported on racial terror campaigns during the civil rights fight. The judgments involved were so large that many media outlets simply gave up on reporting on the intimidation, violence and murder taking place in the Jim Crow south.

True to form, Clarence Thomas has led the charge to dismantle a law that was key to the struggle for rights for Black people and other disfavored minorities. In Enrich's telling, Thomas's animus for Sullivan started during his confirmation hearings, when Anita Hill described his relentless sexual harassment of the lawyers who worked for him, including Hill. Being the subject of a media firestorm that painted him as a disgusting, cruel sex-pest seems to have inspired Thomas in a decades-long campaign to find a case that would let him tear down Sullivan, so that wealthy people could once again intimidate reporters into silence. Of course, Thomas's hatred for Sullivan only grew when Propublica revealed that he had taken numerous "gifts" from wealthy "friends" who had business before the courts, revelations that will forever make Thomas's name a synonym for corruption.

Enrich's cast of characters includes a clutch of whiny, ultra-rich axe-grinders, who finance (often in secret) lawsuits that are designed to chip away at Sullivan. Some are international looters or corrupt ex-Soviet oligarchs, but others are ideologues, committed to the principle of impunity for the powerful.

He also introduces us to the lawyers who wage these battles. As you might imagine, the kind of lawyer who sits up at night figuring out how to help wealthy, powerful people destroy their critics is often a crank themselves, with "colorful" personal relations that Enrich reports on with meticulous prose, including the many denials and non-denials his subjects sent when he sought comment.

As with his LIBOR book, Enrich does yeoman duty here unpacking complex matters that would be dull in a lesser writer's hands. The litigation strategies devised by Sullivan's enemies are always convoluted and are sometimes clever, much like the litigation strategies used to kill campaign finance limits (Citizens United) and abortion rights (Dobbs). Indeed, many of the financiers, think-tanks and lawyers behind those plots are also would-be Sullivan slayers.

The best of these legal gambits are actually rather clever – locating innocent people who've been genuinely wronged by Sullivan (as the saying goes, "hard cases make bad law") and then using them to undermine Sullivan, without actually helping them in any way. It's positively fiendish.

We're in a moment when a lot of powerful people are getting far more powerful, and abusing that power to commit wildly corrupt acts. The only way we'll know about this is if the press can freely report on their misdeeds. Murder the Truth is a vital guide to the next Citizens United, the next Dobbs – a campaign to take away your right to know about the next assault on your rights that plutocrats will launch.


Hey look at this (permalink)



A Wayback Machine banner.

Object permanence (permalink)

#20yrsago Help defend bloggers’ rights to keep their sources secret https://www.eff.org/cases/apple-v-does

#20yrsago Fans beg Sony to sell them lost Fiona Apple album that’s on P2P https://www.sfgate.com/entertainment/morford/article/Who-Will-Free-Fiona-Apple-Suddenly-on-the-2723119.php

#20yrsago Grokster scorecard: what theories of liability do the amici endorse? https://craphound.com/grokster-charts.pdf

#20yrsago ETECH Notes: Life Hacks Live! https://craphound.com/etech2005-lifehacks.txt

#20yrsago Sterling and Steffen’s SXSW keynote https://web.archive.org/web/20050318074350/http://www.worldchanging.com/archives/002353.html

#20yrsago Orrin Hatch is head of new IP subcommitee https://www.technewsworld.com/story/hatch-to-lead-senate-panel-on-intellectual-property-41548.html

#20yrsago Hollywood stars look like crap in high-def https://web.archive.org/web/20050324045011/http://www.onhd.tv/thelist.htm

#20yrsago Self-replicating 3D printers https://web.archive.org/web/20050410074636/https://www.newscientist.com/article.ns/?id=dn7165

#20yrsago Andre Norton, RIP https://web.archive.org/web/20050318045717/https://www.cnn.com/2005/SHOWBIZ/books/03/17/obit.norton.ap/index.html

#15yrsago YouTube: Viacom secretly posted its videos even as they sued us for not taking down Viacom videos https://blog.youtube/news-and-events/broadcast-yourself/

#15yrsago Entertainment industry sours on term “pirate” — too sexy https://arstechnica.com/tech-policy/2010/03/piracy-sounds-too-sexy-say-rightsholders/

#15yrsago Is the UK record industry arrogant or stupid? https://www.theguardian.com/technology/2010/mar/18/digital-economy-bill-calculated-loss

#15yrsago Michael Lewis’s THE BIG SHORT, visiting the econopocalypse through the lens of LIAR’S POKER https://memex.craphound.com/2010/03/17/michael-lewiss-the-big-short-visiting-the-econopocalypse-through-the-lens-of-liars-poker/

#10yrsago Playing the unplayable Death March (but not releasing the penguins) https://www.youtube.com/watch?v=O3Nc4iR7rGA

#10yrsago NYPD officers who wikiwashed police brutality pages will get wrist-slaps https://www.dnainfo.com/new-york/20150316/civic-center/2-nypd-officers-who-edited-wikipedia-posts-face-no-punishment-sources-say/

#10yrsago The Glorkian Warrior Eats Adventure Pie https://memex.craphound.com/2015/03/17/the-glorkian-warrior-eats-adventure-pie/

#10yrsago J. Edgar Hoover palled around with a suspected commie spy https://www.muckrock.com/news/archives/2015/feb/26/fbi-files-congressman-dickstein-show-close-relatio/

#10yrsago DRM for woo: “light therapy” mask’s LED only works 30 times https://www.techdirt.com/2015/03/18/drm-how-to-make-30000-hour-led-bulbs/

#10yrsago Canadian court hands a gimme to copyright trolls https://www.michaelgeist.ca/2015/03/defending-privacy-doesnt-pay-federal-court-issues-ruling-in-voltage-teksavvy-costs/

#10yrsago Clinton’s sensitive email was passed through a third-party spam filtering service https://web.archive.org/web/20150317223142/http://www.dvorak.org/blog/2015/03/16/breaking-news-spam-filtering-service-had-access-to-clinton-classified-emails/comment-page-1/

#10yrsago Following the key Trans-Pacific Partnership senator with a 30′ blimp https://www.youtube.com/watch?v=WDKzwB8GhN0

#5yrsago Plague precautions from 1665 https://pluralistic.net/2020/03/18/diy-tp/#hello-1665

#5yrsago How to make your own toilet paper https://pluralistic.net/2020/03/18/diy-tp/#diy-tp

#5yrsago If nothing is for sale, how will covid stimulus work? https://pluralistic.net/2020/03/18/diy-tp/#covid-stimulus

#5yrsago 3D printed ventilator hero got a patent threat https://pluralistic.net/2020/03/18/diy-tp/#patently-absurd

#5yrsago Epidemiology and public health in 14 minutes https://pluralistic.net/2020/03/18/diy-tp/#explainer

#5yrsago Bigoted Republican Congressjerk votes against coronavirus relief because it might cover same-sex partnerships https://pluralistic.net/2020/03/18/diy-tp/#repandybiggs

#5yrsago How to split a single ventilator for four patients https://pluralistic.net/2020/03/18/diy-tp/#ventilator-sharing

#5yrsago John Green's mutual aid manifesto https://pluralistic.net/2020/03/18/diy-tp/#nerdfighters

#5yrsago American Airlines blew billions, now it wants a bailout https://pluralistic.net/2020/03/18/diy-tp/#aa-crashes

#5yrsago MAGA firefighters dismiss coronavirus as Democrat hoax https://pluralistic.net/2020/03/18/diy-tp/#trump-virus

#5yrsago Charter orders all workers to keep showing up https://pluralistic.net/2020/03/18/diy-tp/#sociopathy

#5yrsago Patent trolls try to shut down covid testing https://pluralistic.net/2020/03/17/pluralistic-17-mar-2020/#fortress-investment-group

#5yrsago Talking digital writing careers with the Writing Excuses podcast https://pluralistic.net/2020/03/17/pluralistic-17-mar-2020/#writing-excuses

#5yrsago Naomi Klein: this disaster has no room for disaster capitalism https://pluralistic.net/2020/03/17/pluralistic-17-mar-2020/#disaster-socialism

#5yrsago The Masque of the Red Death and Punch Brothers Punch https://pluralistic.net/2020/03/17/pluralistic-17-mar-2020/#punchmasque


Upcoming appearances (permalink)

A photo of me onstage, giving a speech, pounding the podium.



A screenshot of me at my desk, doing a livecast.

Recent appearances (permalink)



A grid of my books with Will Stahle covers..

Latest books (permalink)



A cardboard book box with the Macmillan logo.

Upcoming books (permalink)

  • Enshittification: Why Everything Suddenly Got Worse and What to Do About It, Farrar, Straus, Giroux, October 7 2025
    https://us.macmillan.com/books/9780374619329/enshittification/

  • Unauthorized Bread: a middle-grades graphic novel adapted from my novella about refugees, toasters and DRM, FirstSecond, 2026

  • Enshittification, Why Everything Suddenly Got Worse and What to Do About It (the graphic novel), Firstsecond, 2026

  • The Memex Method, Farrar, Straus, Giroux, 2026



Colophon (permalink)

Today's top sources:

Currently writing:

  • Enshittification: a nonfiction book about platform decay for Farrar, Straus, Giroux. Status: second pass edit underway (readaloud)

  • A Little Brother short story about DIY insulin PLANNING

  • Picks and Shovels, a Martin Hench noir thriller about the heroic era of the PC. FORTHCOMING TOR BOOKS FEB 2025

Latest podcast: With Great Power Came No Responsibility: How Enshittification Conquered the 21st Century and How We Can Overthrow It https://craphound.com/news/2025/02/26/with-great-power-came-no-responsibility-how-enshittification-conquered-the-21st-century-and-how-we-can-overthrow-it/


This work – excluding any serialized fiction – is licensed under a Creative Commons Attribution 4.0 license. That means you can use it any way you like, including commercially, provided that you attribute it to me, Cory Doctorow, and include a link to pluralistic.net.

https://creativecommons.org/licenses/by/4.0/

Quotations and images are not included in this license; they are included either under a limitation or exception to copyright, or on the basis of a separate license. Please exercise caution.


How to get Pluralistic:

Blog (no ads, tracking, or data-collection):

Pluralistic.net

Newsletter (no ads, tracking, or data-collection):

https://pluralistic.net/plura-list

Mastodon (no ads, tracking, or data-collection):

https://mamot.fr/@pluralistic

Medium (no ads, paywalled):

https://doctorow.medium.com/

Twitter (mass-scale, unrestricted, third-party surveillance and advertising):

https://twitter.com/doctorow

Tumblr (mass-scale, unrestricted, third-party surveillance and advertising):

https://mostlysignssomeportents.tumblr.com/tagged/pluralistic

"When life gives you SARS, you make sarsaparilla" -Joey "Accordion Guy" DeVilla

ISSN: 3066-764X