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Catch and kill

Catch and kill is a tactic originating in whereby a publication acquires exclusive to a story not to report it, but to suppress its dissemination and prevent competitors from publishing it. The practice leverages non-disclosure agreements and payments to claimants, effectively burying narratives that could harm the subject's , and has been described as a longstanding method among editors to control damaging information. The strategy gained prominence through its application by American Media, Inc. (AMI), publisher of the National Enquirer, which reportedly used it to shield celebrities and political figures by purchasing claims of misconduct or personal affairs. Notable instances include AMI's acquisition of rights to allegations against Hollywood producer Harvey Weinstein, where intermediaries facilitated deals to preempt investigative reporting on sexual misconduct claims. Similarly, AMI entered agreements to obtain and withhold stories involving former model Karen McDougal's alleged relationship with Donald Trump, as well as other pre-2016 election claims, framing them as protective measures under the guise of editorial discretion. Critics argue that catch and kill undermines journalistic integrity and public access to information, potentially enabling reputational management at the expense of transparency, though proponents view it as a legitimate exercise of press freedom in deciding non-publication. Legally, the tactic itself faces no blanket prohibition under the First Amendment, which safeguards editorial choices, but it has intersected with campaign finance laws when payments are deemed contributions to influence elections, as explored in federal probes involving AMI's cooperation with authorities. This has prompted debates over whether such suppression constitutes protected speech or actionable concealment, particularly in politically charged contexts where source motivations and credibility vary widely.

Definition and Mechanics

Core Practice and Process

The core practice of catch and kill entails a organization purchasing exclusive to a story from its with the deliberate of preventing its disclosure, thereby suppressing potentially damaging information. This tactic, prevalent in , operates by transferring legal control of the narrative to the buyer, who then withholds indefinitely. The process typically initiates when editors or executives identify a tip or offer involving sensitive material, such as personal allegations against a public figure. Negotiations follow, where the outlet offers payment—often inflated beyond typical rates for similar content—to secure an agreement assigning all publishing rights and imposing exclusivity restrictions on the source. For instance, in arrangements coordinated by American Media Inc. (AMI), payments like $150,000 were made to sources for stories deemed harmful to allies, with contracts ensuring the material could not be sold or shared elsewhere. Upon execution, the acquired story is archived without release, effectively "killing" it to block competitive outlets from accessing or to contractual barriers. This suppression serves external interests, such as protecting political campaigns, as AMI's CEO testified in 2024, describing a pre-election to identify and neutralize negative narratives through such buys rather than journalistic dissemination. Operationally, the practice leverages internal tip networks, rapid legal drafting, and source vetting to execute discreetly, prioritizing strategic value over revenue from publication. Tabloid firms like AMI employed dedicated personnel, including chief content officers, to monitor and act on leads, coordinating with third parties to align on targets while maintaining plausible deniability as routine acquisitions. Catch and kill operations primarily rely on contracts that secure exclusive publishing to a source's story, coupled with non-disclosure clauses that prohibit the source from sharing the information elsewhere. These agreements allow the purchasing entity to "catch" the by compensating the source—often with a lump-sum —and then "kill" it by withholding , effectively neutralizing potential damage to a third party's reputation. Such contracts are typically structured as limited life story licenses, where the company acquires sole authority over the material's dissemination, rendering it unavailable to competitors. A key example is the August 5, 2016, agreement between American Media Inc. (AMI), publisher of the , and , who alleged a romantic relationship with . For $150,000, AMI obtained exclusive rights to McDougal's , framed as a deal for her to write over 100 articles, including fitness columns and a book, though the affair-related content was never published. The contract included confidentiality provisions binding McDougal from disclosing the story independently, with AMI later admitting in a 2018 non-prosecution agreement that the payment aimed to influence the U.S. presidential election by suppressing the story on behalf of Trump. Non-disclosure agreements (NDAs) in or appended to these rights-purchase contracts enforce through penalties such as , injunctions, or forfeiture of payments upon . In contexts, NDAs often extend beyond the story's specifics to bar the source from discussing the itself, though enforceability can vary; for instance, McDougal's challenging the contract's validity under duress and claims resulted in a allowing her to retain the $150,000 while AMI claimed $75,000 from any story profits. These tools are generally legal under contract law, provided they do not violate public policy by concealing criminal acts, as courts have upheld similar suppressions of embarrassing but non-illegal personal matters. However, in political or corporate settings, they have faced scrutiny for potential ties to fraud when misrepresented as standard journalistic acquisitions.

Historical Development

Origins in Tabloid Journalism

The practice of emerged within as a strategy for acquiring exclusive rights to stories with the explicit intent of suppressing their publication, thereby protecting high-profile individuals. The term itself was coined by longstanding tabloid editors to denote "catching" a story through purchase and then "killing" it by withholding release, distinguishing it from standard checkbook journalism aimed at exclusive scoops for print. This method allowed tabloids to monetize their role as gatekeepers of , often in service of or political allies who provided tips or favors in return. The , a founded in , exemplified and popularized the under executives like , who assumed the of its parent company, American Media Inc., in 1999. Prior to high-profile political applications, was routinely used to entertainers and politicians from damaging revelations, with payments securing lifelong exclusivity clauses that barred sellers from approaching competitors. Pecker later described these deals as for safeguarding "friends" in and beyond, involving sums that could reach six figures for credible claims of or . A prominent early instance occurred during in , where the bought and buried multiple accounts from women alleging extramarital affairs with the actor-turned-politician. Pecker testified that the outlet expended hundreds of thousands of dollars on these acquisitions, including one for approximately $20,000 related to a specific accuser's , ensuring the never saw to avoid jeopardizing Schwarzenegger's candidacy. This case illustrated how functioned as a quid pro quo in tabloid ecosystems, where suppression deals fostered reciprocal access to verifiable scoops on rivals, predating its escalation in digital and political contexts.

Expansion in the Digital Age

The proliferation of and in the early amplified the speed and scope of information dissemination, compelling practitioners to adapt by incorporating explicit prohibitions on into suppression agreements. Tabloid publishers, facing from outlets and leaks, expanded contracts to secure exclusive alongside print exclusivity, ensuring stories could not be shopped to blogs, forums, or emerging news sites. This evolution addressed the challenge of potential, where a single post could evade traditional gatekeeping. By the mid-2000s, American Media, Inc. (AMI), publisher of the National Enquirer, under CEO David Pecker, systematized catch and kill to shield high-profile figures amid rising digital scrutiny. In 2006, AMI suppressed a doorman's claim of an alleged out-of-wedlock child fathered by Donald Trump, preventing its spread across print and nascent online platforms. Similar tactics protected Arnold Schwarzenegger during his 2006 gubernatorial campaign, where AMI buried an affair story involving a staffer, maintaining silence despite the story's potential for digital amplification. The 2010s marked further expansion into political applications, driven by the influence of social media on public opinion. In 2015, Pecker pledged to serve as Trump's "eyes and ears," coordinating to catch negative stories during the presidential campaign. This included AMI's August 2016 payment of $150,000 to former Playboy model Karen McDougal for rights to her account of a months-long affair with Trump, suppressing it across all media to avert online leaks or competitor publication. AMI also facilitated efforts around adult film actress Stormy Daniels' similar allegations, though executed via Trump's attorney, underscoring the practice's adaptation to digital-era threats like rapid social media sharing. In 2018, AMI acknowledged the McDougal deal violated campaign finance laws by aiming to influence the election, highlighting the heightened stakes in a networked information environment.

Notable Examples

In the mid-20th century, catch and kill practices emerged within tabloid journalism as a means to suppress damaging stories about celebrities in exchange for exclusive access or favors, predating their politicization in the 2010s. Under publisher Gene Pope Jr., the National Enquirer withheld reports of comedian Bob Hope's alleged extramarital affairs to secure his cooperation for favorable profiles and interviews, a tactic employed before David Pecker's tenure began in 1999. This approach allowed tabloids to maintain relationships with high-profile figures while avoiding publication that could alienate sources or advertisers. Sports figures became targets for such suppression as tabloids expanded coverage of athletes' personal lives in the late 20th and early 21st centuries. A notable instance involved golfer Tiger Woods in 2007, when National Enquirer reporters surveilled and photographed him in an extramarital encounter with pancake-house waitress Mindy Lawton inside his Cadillac Escalade at a Florida golf course. Rather than publishing the story, then-publisher David Pecker leveraged the evidence to negotiate Woods' participation in an exclusive interview and cover feature for American Media Inc.'s (AMI) sister publication, Men's Fitness, which appeared in the August 2007 issue and sold approximately 30% more copies than the average edition. Pecker later testified in 2024 that the Enquirer routinely acquired negative stories about athletes like with to bury them, using the threat of exposure to extract concessions such as promotional appearances. This method provided short-term image protection for , whose broader pattern of affairs remained concealed until a 2009 car crash prompted public disclosures and his eventual . Former Enquirer staff confirmed that suppressing sports-related scandals for access was a longstanding tabloid , often blurring ethical lines between and deal-making.

Political Applications in the 2010s

During the 2016 U.S. presidential election, American Media, Inc. (AMI), publisher of the National Enquirer, engaged in catch and kill arrangements to suppress negative stories about Donald Trump, coordinated with his campaign advisor Michael Cohen. In a July 2015 meeting at Trump Tower, AMI CEO David Pecker informed Trump and Cohen that he would serve as the campaign's "eyes and ears," identifying and acquiring potentially damaging stories for non-publication. The first such instance occurred in late 2015, when AMI purchased exclusive rights to a story from Trump Tower doorman Dino Sajudin, who claimed Trump had fathered an illegitimate child with a housekeeper approximately 30 years prior. AMI paid Sajudin $30,000 for the story rights but never published it after verifying its falsity through Cohen. Pecker later testified that this was executed under the catch and kill strategy to protect Trump's candidacy. A more significant case involved former Playboy model Karen McDougal, who alleged a 10-month affair with from 2006 to 2007. On August 19, 2016, AMI acquired McDougal's life story rights for $150,000, including her account of the relationship, with the explicit intent to bury it and prevent publication that could harm 's election prospects. The deal, brokered by , included provisions for McDougal to contribute fitness columns to AMI publications as cover, though the primary purpose was suppression. Pecker confirmed in 2024 testimony that this payment constituted an in-kind campaign contribution. In September 2018, AMI entered a non-prosecution agreement with the U.S. Attorney's Office for the Southern District of , admitting the McDougal payment was made "in concert with, and at the request of, and his " to ensure the "did not the ." AMI acknowledged violating laws by failing to report the $150,000 as and agreed to cooperate with investigations; the later fined AMI $187,500 for the illegal contribution. These actions highlighted catch and kill's deployment as a political tool to control narratives during the 2016 .

Entertainment Industry Instances

Catch and kill practices in the have primarily involved tabloid publishers like (AMI), which owns the , suppressing negative stories about celebrities and executives in for payments or favors. Film producer utilized these tactics extensively to bury allegations of . AMI forged a mutually beneficial with Weinstein, catching and killing multiple stories about his alleged affairs and assaults to protect his while receiving promotional for positive coverage. During investigations into Weinstein's behavior, AMI's chief content officer Dylan Howard informed associates that the company held extensive unreported material on Weinstein's sexual misconduct, acquired through catch and kill agreements. Investigative reporting revealed that Weinstein's team, including private investigators, worked alongside tabloid operatives to identify and neutralize potential sources before stories could gain traction elsewhere. This included efforts to discredit accusers and pressure media outlets, as detailed in Ronan Farrow's account of his New Yorker exposé published on October 10, 2017, which ultimately broke through despite suppression attempts. Beyond Weinstein, AMI applied catch and kill to other entertainment figures. In testimony during the 2024 Donald Trump hush money trial, AMI CEO David Pecker stated that the company suppressed stories for actor Mark Wahlberg and Friends star Matt LeBlanc, among others, by purchasing exclusive rights and declining to publish. Pecker also referenced similar arrangements for Tiger Woods, whose infidelity scandals in 2009 intersected with entertainment media coverage, and Arnold Schwarzenegger prior to his 2003 California gubernatorial run, during which AMI buried a story about an extramarital child born in 1997. These instances illustrate how catch and kill served as a tool for Hollywood power players to manage public image amid potential scandals.

General Legality and Precedents

Catch and kill practices are generally legal under , as they involve the purchase of exclusive to via enforceable non-disclosure agreements (NDAs) or licensing deals, allowing the buyer to suppress without breaching any inherent legal . Courts routinely uphold NDAs and similar contracts provided they meet formation requirements—offer, acceptance, , and mutual intent—and do not contravene , such as statutes prohibiting concealment of crimes or . The enforceability stems from principles, where parties may privately agree to withhold from the , distinct from barred by the . No federal or state precedents have categorically invalidated catch and kill arrangements as unlawful; instead, challenges typically fail unless tied to extraneous violations, like undue influence or regulatory breaches. For instance, in 2018, Karen McDougal sued American Media, Inc. (AMI) to void her $150,000 NDA from August 2016, alleging fraud and illegality, but AMI voluntarily released her from the agreement in August 2018 amid a Federal Election Commission probe, averting a merits ruling on enforceability. Similarly, courts have enforced analogous hush agreements in defamation or settlement contexts, emphasizing that private suppression of speech does not equate to compelled silence under constitutional scrutiny. While ethical critiques abound in journalistic codes—such as the ' emphasis on minimizing harm over suppression—legal challenges invoking First Amendment defenses for the suppressor have not succeeded in overturning contracts outright, as editorial non-publication decisions remain protected prerogatives. Recent legislative trends, like California's 2018 STAND Act restricting NDAs in sexual harassment settlements, signal evolving limits but exempt general story suppression absent abuse claims. Thus, persists as a viable , with liability arising only if the underlying implicates separate doctrines, such as antitrust or election interference.

Ties to Fraud and Election Law

The practice of catch and kill intersected with U.S. election law during the 2016 presidential campaign when American Media Inc. (AMI), publisher of the National Enquirer, coordinated with Donald Trump's campaign to suppress negative stories. AMI purchased rights to a story from former Playboy model Karen McDougal alleging a sexual relationship with Trump for $150,000 in August 2016, explicitly to prevent it from influencing the election, as AMI later admitted to federal prosecutors. This arrangement was deemed an unlawful corporate contribution to Trump's campaign, violating the Federal Election Campaign Act's prohibition on corporations making expenditures in coordination with candidates. In June 2021, the Federal Election Commission (FEC) fined AMI $187,500 for the McDougal payment, classifying it as an illegal in-kind contribution exceeding statutory limits and coordinated with the Trump campaign to benefit its electoral prospects. AMI entered a non-prosecution agreement with federal prosecutors in 2018, acknowledging the catch and kill was done "in concert with and at the request of" Trump's campaign team to suppress damaging information. Michael Cohen, Trump's former attorney, facilitated related efforts and pleaded guilty in August 2018 to two counts of campaign finance violations for arranging $280,000 in hush money payments, including to McDougal via AMI and to Stormy Daniels, exceeding individual contribution limits of $2,700 per election and done "at the direction of" Trump to influence the 2016 election. Catch and kill practices have also been linked to through efforts to conceal such payments. In Trump's criminal , prosecutors alleged that reimbursements to Cohen for the $130,000 Daniels payment—disguised as legal expenses in —constituted falsification of to hide underlying violations, elevating 34 counts to felonies under . Cohen's guilty included charges of falsifying related to these transactions, tying the suppression to broader financial . Trump was convicted on all 34 counts in May , with the finding to defraud through the catch and kill-related , though appeals are ongoing.

Ethical and Philosophical Debates

Criticisms from Journalistic Standards

The practice of catch and kill has drawn sharp rebukes from journalistic organizations for contravening core ethical principles, particularly those enshrined in codes like the Society of Professional Journalists (SPJ) Code of Ethics, which mandates that journalists "seek truth and report it" as their primary obligation to the public. By acquiring exclusive rights to potentially newsworthy stories solely to suppress publication, outlets engaging in this tactic prioritize private interests—such as those of high-profile clients—over the dissemination of information relevant to public discourse, effectively subverting the journalistic duty to inform citizens about matters of accountability and transparency. SPJ National President Ashanti Blaize-Hopkins explicitly condemned catch and kill as "clearly unethical" in April 2024, highlighting its incompatibility with standards requiring independence and the avoidance of conflicts of interest, real or perceived. Under the SPJ code, journalists must "act independently" by refusing subservience to vested interests, yet catch and kill transforms media entities into proxies for suppression, where payments from subjects of the stories create direct financial incentives to withhold facts that could influence elections, reputations, or public safety—violating the imperative to disclose unavoidable conflicts. This breach erodes accountability, as the code further demands transparency in methods and corrections for errors or omissions, principles undermined when stories are buried indefinitely without public acknowledgment. Critics argue that fundamentally undermines the public's , a of ethical that positions the flow of as to democratic oversight. Ethical norms from organizations like the emphasize that while tabloid practices may skirt , they with standards-based journalism's to minimizing without sacrificing truth-telling; suppressing verified allegations, such as those involving misconduct by public figures, deprives audiences of needed for informed , fostering opacity in areas like political campaigns or corporate . Instances tied to the 2016 U.S. presidential election, where stories were caught and killed to shield candidates, exemplify how this distorts public ecosystems, prompting calls for heightened scrutiny of outlets that deviate from truth-seeking imperatives.

Arguments for Privacy and Market Freedom

Catch and kill practices have been defended as a legitimate exercise of , enabling individuals to contractually the of , particularly regarding consensual private conduct that does not implicate criminality or office corruption. Such arrangements function similarly to non-disclosure agreements (NDAs) routinely employed to shield reputations and confidential details from unwarranted exposure, thereby preserving autonomy over one's narrative in matters lacking overriding interest. David Pecker, the former publisher of the National Enquirer, testified in 2024 that these tactics were standard in tabloid journalism to protect personal relationships and prevent competitors from publishing damaging stories, framing them as protective measures rather than suppression for illicit ends. From a First Amendment standpoint, the "killing" aspect—choosing not to publish after acquisition—aligns with the against , allowing media entities to exercise editorial discretion without governmental mandate to disseminate acquired content. Legal scholarship argues that this non-publication decision falls under core press freedoms, as courts have historically shielded editorial choices from interference, even when motivated by private interests. The acquisition phase, or "catching," can similarly be viewed as a commercial transaction protected as expressive conduct, provided it does not cross into or , underscoring that private parties hold no affirmative duty to amplify potentially harmful narratives. Advocates for market freedom contend that embodies voluntary contracting in the , where sellers of stories negotiate terms with buyers, and media outlets retain full latitude to forgo as a business prerogative, unencumbered by obligations to maximize . This approach avoids the pitfalls of regulatory overreach, which could erode contractual liberty and invite state of private deals under the guise of . Prohibiting such practices, per this view, would distort market incentives, compelling inefficient mandates and undermining the competitive dynamics that allow outlets to prioritize stories based on perceived value or alignment with strategic goals.

Broader Impacts

Effects on Media Landscape

The practice of has undermined the free flow of information in the by enabling powerful individuals and entities to suppress potentially newsworthy stories, thereby distorting public discourse and accountability mechanisms. In the case of American Media Inc. (AMI), the publisher of the , executives coordinated with Donald Trump's 2016 presidential campaign to acquire and bury negative stories, including a $150,000 payment to for rights to her account of an alleged affair with Trump, explicitly to prevent publication. This arrangement, detailed in federal investigations, contributed to an information vacuum during the election cycle, where voters lacked access to details that could have influenced perceptions of candidates. AMI's non-prosecution agreement with the U.S. Attorney's Office for the Southern District of in 2018 admitted that such tactics aided Trump's campaign, marking a rare prosecutorial acknowledgment of suppression's electoral implications. These revelations have eroded trust in journalistic institutions, as evidenced by public and expert critiques highlighting how prioritizes proprietary control over , conflicting with core ethical standards like those of the , which mandate seeking truth and reporting it without undue influence. The tactic's exposure, particularly through David Pecker's April 2024 testimony in Trump's hush money trial, amplified perceptions of complicity with political interests, further fueling skepticism toward tabloid and even mainstream outlets perceived as susceptible to similar pressures. Scholarly analysis posits that such practices create "catch and kill jurisdiction" effects, where suppression not only stifles immediate reporting but also deters investigative pursuits by smaller or lacking financial resources to compete in story acquisition. In , has spurred a fragmented landscape, encouraging reliance on alternative channels like books and podcasts for suppressed narratives, as seen in Ronan Farrow's 2019 book detailing ' internal resistance to his Harvey Weinstein reporting amid broader industry entanglements. This shift has intensified debates over and First Amendment boundaries, with proponents arguing it protects privacy while critics contend it enables systemic cover-ups that disadvantage public-interest reporting. Consequently, the practice has prompted calls for enhanced disclosure requirements in media transactions, though legal hurdles persist, potentially accelerating the decline of traditional gatekeepers in favor of decentralized, less suppressible platforms.

Influence on Public Information and Accountability

Catch and kill practices obstruct the flow of information pertinent to public figures, thereby impeding accountability for actions that could influence societal or electoral judgments. In political contexts, these tactics have been employed to shield candidates from scrutiny during critical periods, as evidenced by the 2016 U.S. presidential campaign. American Media Inc. (AMI), publisher of the National Enquirer, acquired exclusive rights to stories damaging to Donald Trump, such as former Playboy model Karen McDougal's account of an alleged extramarital affair, with the explicit intent of suppressing publication to aid his candidacy. David Pecker, AMI's former chairman and CEO, testified under oath in Donald Trump's April 2024 New York hush money trial that this "catch and kill" strategy formed part of a broader agreement with Trump and his attorney Michael Cohen to identify and bury negative narratives before they reached competitors. Pecker confirmed suppressing at least two such stories, including McDougal's, for $150,000 and another involving a Trump Tower doorman's claim of a child out of wedlock, actions he described as benefiting Trump's electoral prospects by denying voters access to potentially relevant personal conduct details. This suppression distorts public discourse by creating information asymmetries, where influential entities control narratives to evade consequences, as seen when AMI coordinated with Trump's campaign to preempt stories that might "embarrass or hurt" it. Such maneuvers undermine democratic accountability, as electorates cannot fully assess candidates' character or associations without complete disclosure, potentially altering voter perceptions and outcomes. Beyond elections, catch and kill erodes trust in media institutions, positioning outlets as extensions of private agendas rather than impartial informants, which conflicts with core journalistic ethics of transparency and public service. Tabloid executives like Pecker acknowledged operating without formal rules constraining suppression, highlighting how these practices prioritize market-driven secrecy over societal obligations. In non-political spheres, similar dynamics delay exposure of misconduct, as with Harvey Weinstein's efforts to bury allegations through media proxies, prolonging unaccountability until external probes circumvented the barriers. Collectively, fosters a on reporting, deterring sources and journalists wary of co-optation or , and diminishes overall informational integrity essential for holding power to account. This opacity not only shields individuals but also weakens institutional , as suppressed facts evade vetting and correction.

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