Dick Scruggs says that the news media and the rule of law are under attack

By Luke Dunavant

Richard “Dick” Scruggs said that both the news media and the Bill of Rights are under attack in various ways, including by the government. HIs remarks came in a luncheon on March 25 in the Great Conversations Series by the Overby Center for Southern Journalism and Politics. 

Scruggs was particularly critical of some of the billionaires who have purchased major news organizations and are now slanting coverage in favor of the administration of President Donald Trump. Scruggs said that the longstanding rules regarding the relationship between the media and the government might not last much longer. 

He noted the synergy that has historically existed between journalists and lawyers and that has produced quality journalism and awareness of democracy. “I believe that synergy is under attack now, from our government, from this particular administration,” said Scruggs.

He cited several landmark legal cases, beginning with John Peter Zenger in 1725. Zenger had printed criticism of the royal governor of New York and was charged with seditious libel. His lawyer, Andrew Hamilton, acknowledged that Zenger was responsible for the libel, which historically was all that was needed for a conviction. But Hamilton argued that truth was a defense. The jury agreed, establishing truth as a defense for libel and setting a major precedent for freedom of the press.

Scruggs also noted the historic precedents of Near v. Minnesota (1931), New York Times v. Sullivan (1964), and New York Times v. United States (1971). All were journalism cases that resulted in affirmation of a free press. 

Scruggs spoke with concern about the Trump administration's attacks on law firms, demanding pro bono work for positions favorable to the administration. However, with some new media starting to fight back, and some law firms doing the same, Scruggs said he remained hopeful that both pillars and the synergy between them can remain. 

Scruggs is a former U.S. Navy officer and fighter pilot. After military service, he attended the University of Mississippi School of Law and began a legal career that would bring national recognition. Scruggs first came to prominence through his successful litigation against the asbestos industry. He later achieved worldwide recognition as lead counsel representing 33 states in the landmark tobacco litigation in the 1990s, which resulted in a historic $368 billion settlement.

Scruggs was convicted in a judicial bribery case and served six years in federal prison. During his incarceration, he helped many of his fellow inmates who lacked a high school diploma gain an equivalency diploma. 

In his luncheon remarks, Scruggs spoke candidly of his incarceration, noting that he was able to continue practicing law by writing writs of habeas corpus for some of his fellow inmates. “And I got some of them out, too,” he said. 

In the years since his release from prison in 2014, Scruggs founded 2nd Chance MS, an organization dedicated to expanding adult education opportunities across Mississippi. Scruggs and his family have also become major figures in philanthropy. 

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Luke Dunavant is a junior from Hernando, Miss., studying Journalism at Ole Miss and is a student assistant in the Overby Center.