Giuliani attacks ‘censorship’ but made threat to sue paper over unflattering story

On Monday, Rudy Giuliani called a $1.3bn lawsuit brought against him by Dominion Voting Systems “another act of intimidation by the hate-filled left wing to wipe out and censor the exercise of free speech”. But Giuliani has himself previously threatened to censor the exercise of free speech with legal action.

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The former New York mayor turned Trump attorney was invoking current rightwing complaints against so-called “cancel culture”, in which freedom of speech is supposedly curtailed.

But in June 2001, the New York Post ran a story about an extra-marital affair. Giuliani told reporters: “I will consider suing them for libel – defamation. What the New York Post did is scurrilous, I believe it’s malicious and I’m prepared to prove that in court if I have to.”

First amendment protection of freedom of the press makes it difficult for US public officials to mount libel lawsuits, even if reports are proved to be wrong. Giuliani did not take the Post to court.

On Monday, Dominion sued Giuliani in federal court in Washington, over his claims about supposed electoral fraud, made as part of Donald Trump’s baseless attempts to overturn defeat by Joe Biden, efforts which culminated in the deadly attack on the US Capitol on 6 January.

“Dominion brings this action to set the record straight,” the complaint said, “to vindicate the company’s rights under civil law, to recover compensatory and punitive damages, and to stand up for itself, its employees, and the electoral process.”

Dominion’s lawyer, Thomas Clare, told the New York Times the company could sue others, including Trump.

“We’re not ruling anybody out,” he said. “Obviously, this lawsuit against the president’s lawyer moves one step closer to the former president and understanding what his role was and wasn’t.”

Some experts said Dominion might itself count as a public figure, and thus have a hard time winning its case.

Giuliani said he might counter-sue Dominion.

“The amount being asked for is, quite obviously, intended to frighten people of faint heart. It is another act of intimidation by the hate-filled left wing to wipe out and censor the exercise of free speech, as well as the ability of lawyers to defend their clients vigorously. As such, we will investigate a countersuit against them for violating these constitutional rights,” he said.

It remains to be seen if Giuliani will follow through. Nearly 20 years ago, he did not.

Giuliani threatened to sue the Post over its story about how, as the New York Daily News described it, the mayor and his “girlfriend Judith Nathan [were] using the posh St Regis Hotel as a ‘secret love nest’”.

Negotiations between Giuliani and the Post followed but nearly six weeks later, on 18 July, the Daily News reported that Giuliani had not made good on his threat.

“When I’m ready to decide, you’ll be the first to know,” he said. “But I don’t get rushed into anything.”