Paramount and CBS moved Thursday to dismiss President Donald Trump's lawsuit over a "60 Minutes" Kamala Harris interview, calling it an "affront to the First Amendment," Variety reported.
Paramount and CBS's motions to dismiss argue that the case has no legal standing and threatens press freedoms.
Trump filed the lawsuit days before the November election, alleging that CBS had deceptively edited the interview in violation of Texas consumer protection laws. The suit claims that edits made the Democrat presidential candidate appear more coherent in her remarks about Gaza.
In January, Trump expanded his legal action, adding a claim under the federal Lanham Act and seeking $20 billion in damages. He also added Rep. Ronny Jackson, R-Texas, as a co-plaintiff to establish jurisdiction in Texas.
Paramount's filings on Thursday include two motions: one challenging the court's jurisdiction and another arguing that consumer fraud laws do not apply to editorial decisions.
"This lawsuit is an affront to the First Amendment and is without basis in law or fact," Paramount's attorneys wrote.
Paramount's motion on jurisdiction contends that there is no legal basis for a Texas court under Judge Matthew Kacsmaryk, a Trump appointee, to hear a case brought by a Florida resident against CBS, a New York-based company.
The case has sparked internal debate at CBS, as Paramount has reportedly considered settling with Trump. The company is concerned that Trump's appointees at the Federal Communications Commission could complicate its proposed merger with Skydance.
Paramount's legal argument emphasizes that the lawsuit is unconstitutional and threatens the independence of journalistic organizations.
"If the First Amendment means anything, it means that public officials like Plaintiffs cannot hold news organizations like CBS liable for the simple exercise of editorial judgment," the motion states. "Whether Plaintiffs believe the entire unedited Interview should have aired or only edited in a way they approve, they are not entitled under the First Amendment to demand only news that fits their wishes."
CBS broadcast two excerpts from Harris' remarks. On "Face the Nation," Harris gave an extended response, while the clip aired on "60 Minutes" the following day was shorter and more direct. Trump contends that the edited version was misleading and amounted to "unfair competition" against his social media platform, Truth Social.
CBS had previously sought to dismiss the lawsuit in December, but that motion became moot when Trump amended his complaint last month. The court has not yet ruled on Paramount's latest filings.
Jim Thomas ✉
Jim Thomas is a writer based in Indiana. He holds a bachelor's degree in Political Science, a law degree from U.I.C. Law School, and has practiced law for more than 20 years.
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