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2015;
2016; 2017; 2018; 2019;
Undated:
State of the First Amendment Under President Trump Scores a C+
Every quarter the Newseum Institute produces a “report card” on how the current
administration is faring on the five freedoms: religion, speech, press, assembly
and petition. 15 First Amendment experts — academics, lawyers, journalists and
activists — from across the political spectrum weigh in.
Also see January 24, 2018
https://firstamendmentwatch.org/newseums-first-amendment-report-card/
Undated:
The First Amendment (Amendment
I) to the
United States Constitution prevents the government from making laws which
respect an establishment of religion, prohibit the
free exercise of religion, or abridge the
freedom of speech, the
freedom of the press, the
right to peaceably assemble, or the right to
petition the government for redress of grievances. It was adopted on
December 15, 1791, as one of the ten amendments that constitute the
Bill of Rights.
The Bill of Rights was originally proposed to assuage
Anti-Federalist opposition to
Constitutional ratification. Initially, the First Amendment applied only to
laws enacted by the
Congress, and many of its provisions were interpreted more narrowly than
they are today.
The Free Press Clause protects publication of information and opinions, and
applies to a wide variety of media. In
Near v. Minnesota (1931) and
New York Times v. United States (1971), the Supreme Court ruled that the
First Amendment protected against
prior restraint—pre-publication censorship—in almost all cases. The Petition
Clause protects the right to petition all branches and agencies of government
for action. In addition to the right of assembly guaranteed by this clause, the
Court has also ruled that the amendment implicitly protects
freedom of association.
https://en.wikipedia.org/wiki/First_Amendment_to_the_United_States_Constitution
-- 2015 --
July 1:
Donald Trump and the First Amendment
in his $500 million lawsuit
Trump and Miss Universe LLP (or MUO) filed suit on June 30 in the New York
Supreme Court after Univision declined to broadcast the Miss USA and Miss
Universe pageants after Trump made controversial remarks during a presidential
campaign speech. Alberto Ciurana, a Univision executive, was also named in the
lawsuit.
Trump and the Miss Universe Group want $500
million in damages awarded based on claims of breach of contract, defamation,
breach of covenant of good faith and fair dealing, and intentional interference
of contractual relationship.
“Univision has no right to terminate its
relationship with MUO and refuse to broadcast the upcoming Miss USA pageant,”
the suit claims. It said that under the terms of the agreement between the
network, Trump and MUO that Univision didn’t have a contractual right to drop
the show because “it does not agree with Mr. Trump’s longstanding views or
statements, all of which are protected by the First Amendment and have been
echoed many times in this country.”
Univision issued a statement about the lawsuit
on Tuesday.
“We just reviewed Mr. Trump’s complaint for the first time, and it is both
factually false and legally ridiculous,” Univision said. “We will not only
vigorously defend the case, but will continue to fight against Mr. Trump’s
ongoing efforts to run away from the derogatory comments he made on June 16th
about Mexican immigrants. Our decision to end our business relationship with Mr.
Trump was influenced solely by our responsibility to speak up for the community
we serve.”
https://constitutioncenter.org/blog/donald-trump-and-the-first-amendment-in-his-500-million-lawsuit/
-- 2016 --
October 24: Trump
explains why the First Amendment has ‘too much protection’ for free speech
“Our press is allowed to say whatever they want.”
https://thinkprogress.org/trump-first-amendment-too-much-protection-37e72ee16ea2/
-- 2017 --
February 24: Trump
Praises First Amendment, Calls for Media Suppression and Fewer Protests
http://nymag.com/intelligencer/2017/02/trump-praises-first-amendment-calls-for-media-suppression.html
April 21: Donald
Trump accuses protesters of ‘violating’ his First Amendment rights
The US President’s legal team say they ‘provoked a response’ by attempting to
‘disrupt a free assembly’
Donald Trump’s lawyers have argued that protesters “have no right” to
“express dissenting views” at his campaign rallies because it infringes on the
US President’s First Amendment rights.
https://www.independent.co.uk/news/world/americas/donald-trump-protesters-rallies-violate-first-amendment-rights-us-constitution-lawyers-a7695001.html
May 1: White House
Chief of Staff Reince Priebus admitted during a Sunday morning interview with
ABC's Jonathan Karl that the Trump administration has "looked at" a
constitutional amendment to free speech protections.
Karl sought to clarify President Trump's tweet that "the failing New York
Times has disgraced the media world. Gotten me wrong for two solid years.
Change the libel laws?" "That would require, as I understand it, a
constitutional amendment," Karl said. "Is he really going to pursue that? Is
that something he wants to pursue?"
"The changes President Trump wants are blocked by decades of jurisprudence which
is little contested, unlike other hot button points of constitutional law,"
writes TPM's Josh Marshall. "If you want what Trump wants, you have to
amend the Constitution — and not the Constitution in general but the First
Amendment specifically. Amending the First Amendment to allow the head of state
to sue people who say things he doesn't like amounts to abolishing it."
https://theweek.com/speedreads/695695/reince-priebus-admits-trump-administration-looked-into-changing-first-amendment
October 13:
President
Donald Trump fervently advocated for religious liberty in a speech before a
group of conservative Christian voters Friday, citing the protection of
religious freedom guaranteed by the First Amendment, even as his critics pointed
to that same amendment earlier in the week as he suggested blocking
freedom of the press.
https://abcnews.go.com/Politics/trump-touts-amendment-rights-religious-groups/story?id=50463143
October 13: How
Trump's Threats Against the NFL Could Violate the First Amendment
https://www.aclu.org/blog/how-trumps-threats-against-nfl-could-violate-first-amendment
November 14:
Nobody has a First Amendment right to demand access to the
White House
and CNN isn’t harmed
by having reporter
Jim Acosta barred from having press credentials, the
Justice
Department said Wednesday, firing back at the cable network’s new lawsuit.
The fight reached a
Washington courtroom Wednesday afternoon, where U.S. District Judge Timothy
J. Kelly, a Trump appointee, heard arguments on
CNN’s request that he
immediately order the
White House to
reissue Mr. Acosta
a pass.
The judge did not rule, saying he would return to the courtroom Thursday.
https://www.washingtontimes.com/news/2018/nov/14/donald-trump-responds-cnn-says-no-first-amendment-/
-- 2018 --
January 24: State of the First Amendment Under President Trump Scores a C+
The panelists commented on the administration’s efforts to discredit the news media, but also said they were impressed by the resilience of the press.
They noted administration attempts to challenge publication of critical reporting, but also identified the increase in the number of women speaking out against sexual harassment as an important milestone for free speech.
The effects of the Charlottesville protests on last quarter’s grades for assembly appeared to be mitigated by this quarter’s robust organization of marches.
Despite recognizing disparities around what interests had the most impact on influencing federal tax reform, the panelists rated petition the strongest freedom.
Many panelists were reluctant to weigh in with new thinking around the freedom of religion, preferring to wait until the U.S. Supreme Court decides the Masterpiece Cakeshop case in the months ahead.
https://firstamendmentwatch.org/newseums-first-amendment-report-card/
February 17: 'It's called the First
Amendment': Pundits decry Trump call for 'retribution' against 'SNL'
Many politicians and pundits reacted harshly Sunday after President Donald Trump
railed against the media on Twitter sparked by a
"Saturday Night Live" sketch that mocked his performance at a
Friday White House news conference where declared a national emergency at
the U.S.-Mexico border.
"Nothing funny about tired 'Saturday Night Live' on Fake News NBC!" the
president
tweeted. "Question is, how do the Networks get away with these total
Republican hit jobs without retribution? Likewise for many other shows? Very
unfair and should be looked into. This is the real Collusion!"
"THE RIGGED AND CORRUPT MEDIA IS THE ENEMY OF THE PEOPLE!"
he added minutes later.
A number of Trump's critics quickly fired back at what they saw as an attack on
the First Amendment, which protects freedom of speech.
https://www.usatoday.com/story/news/politics/onpolitics/2019/02/17/trump-attack-saturday-night-live-reactions/2899634002/
May 1:
Reince Priebus admits Trump administration has looked into changing the First
Amendment
https://theweek.com/speedreads/695695/reince-priebus-admits-trump-administration-looked-into-changing-first-amendment
May 23: The U.S.
District Court for the Southern District Court of New York found President Trump
in violation of the First Amendment rights of the individual plaintiffs for
blocking their accounts on Twitter, an online social media platform. The Court
reasoned that the interactive space created through posting a “tweet” (the
replies and responses and dialogue created online through that post) was a
designated public forum and that by blocking individual users President Trump
was impeding political speech which is highly protected under the First
Amendment.
https://globalfreedomofexpression.columbia.edu/cases/knight-first-amendment-institute-v-donald-j-trump/
August 16: Does the First Amendment Protect
Deliberate Lies?
Donald Trump says the press
cannot lie. But the Supreme Court says otherwise: In fact, many falsehoods are
protected speech.
https://www.theatlantic.com/politics/archive/2016/08/does-the-first-amendment-protect-deliberate-lies/496004/
August 21: Trump admits he’s violating the
First Amendment on Twitter
Last week, President Donald Trump revoked former CIA Director John Brennan’s
security clearance — the White House claims that he did so because of Brennan’s
“erratic
conduct.” On Tuesday morning, however, Trump sent a tweet essentially
admitting that “erratic conduct,” in this instance, is a euphemism for
“criticized Trump.”
https://thinkprogress.org/trump-admitted-his-security-clearance-revocation-violates-the-first-amendment-ac56a93ef9ca/
August 22:
Trump Is No Match for the First Amendment
Far from undermining freedom of the press, the president’s fulminations prove
its durability.
https://reason.com/archives/2018/08/22/trump-is-no-match-for-the-first-amendmen
August 29: President
Trump forced to unblock dozens of Twitter users after court ruling
https://mashable.com/article/trump-unblocks-twitter-accounts/#PuNBDLAlzmql
September 7: In the battle for control of Congress, President Donald
Trump's weapon of choice is fear.
At a rally for Republican Senate nominee Matt Rosendale in Billings, Montana, on
Thursday night, the president warned his faithful that Democrats would raise
their taxes, take their guns, block his wall, abolish the Immigration and
Customs Enforcement agency, open U.S. borders, end Social Security and cut
Medicare.
He's also warned supporters this summer that the outcome in November could spell
trouble for freedom of speech and religion and the First Amendment — and that if
the GOP loses, violence could follow.
The overwhelming majority of the claims are patently false, but with two months
to go — and analysts in both parties convinced that there’s a nonremote chance
Republicans could lose at least the House — Trump is in desperation mode.
https://www.nbcnews.com/politics/white-house/fear-loathing-trump-campaign-trail-n907521
September 11: Trump's speech at Louisville
rally didn't incite violence, court rules
The 6th U.S. Circuit Court of Appeals has dismissed part of a lawsuit filed by
protesters who allege then-candidate Donald Trump incited a crowd to harm
them at
a 2016 campaign rally in Louisville.
The three-judge panel that heard the case ruled the protesters' claim didn't
meet the requirements under Kentucky law for "incitement to riot."
Further, two of the judges found that even if the claims were valid under state
law, Trump's words to the crowd to "'get 'em out of here" were protected under
the Constitution.
https://www.courier-journal.com/story/news/crime/2018/09/11/donald-trump-louisville-campaign-rally-speech-protected-1st-amendment/1269332002/
September 11: The
6th U.S. Circuit Court of Appeals has dismissed part of a lawsuit filed by
protesters who allege then-candidate Donald Trump incited a crowd to harm
them at
a 2016 campaign rally in Louisville.
The three-judge panel that heard the case ruled the protesters' claim didn't
meet the requirements under Kentucky law for "incitement to riot."
Further, two of the judges found that even if the claims were valid under state
law, Trump's words to the crowd to "'get 'em out of here" were protected under
the Constitution.
"...Trump's speech enjoys First Amendment protection, because he did not
specifically advocate imminent lawless action," reads an opinion filed Tuesday
by the court.
https://www.courier-journal.com/story/news/crime/2018/09/11/donald-trump-louisville-campaign-rally-speech-protected-1st-amendment/1269332002/
October 10:
Collusion Is Not a Crime, Trump Campaign Argues
https://www.lawfareblog.com/collusion-not-crime-trump-campaign-argues
October 10: What Facts Would Deny the Trump
Campaign First Amendment Protections in Colluding with Russia
The recent commencement of litigation against the Trump presidential campaign by
two donors to the Democratic Party and a former DNC employee raises interesting
First Amendment issues. The case arises out of the publication by WikiLeaks,
just as the Democratic Convention was about to begin in 2016, of thousands of
e-mails written to and by the Democratic National Committee. The e-mails,
breathtakingly embarrassing to the Clinton campaign, were frequently referred to
by Donald Trump during the campaign and in an election decided by so few votes
may well have had a significant impact. So may this case, for reasons that sweep
beyond its potential political impact.
One issue in the case is of substantial legal impact. It is when, if at all, a
recipient and later disseminator of stolen or otherwise wrongfully obtained
documents may be held liable in litigation commenced by those who claim to have
been harmed by the publication of those documents. That is what the plaintiffs
in Cockrum
v. Donald Trump for President, Inc. allege in the case they have filed
in federal court in the Eastern District of Virginia and it is what the core of
the motion to dismiss just filed by the Trump campaign addresses.
https://www.justsecurity.org/60995/facts-deny-trump-campaign-amendment-protections-colluding-russia/
October 11: Forum on Defending the First
Amendment from Trump
It's now clear that President Trump poses unprecedented threats to freedoms of
speech and press. Take Care and Protect
Democracy have teamed up to host a forum in which leading scholars consider
how we can use the law (and litigation) to protect against Trump's use of the
"bully podium."
https://takecareblog.com/blog/forum-on-defending-the-first-amendment-from-trump
October 15: Stormy Daniels defamation suit
against Trump tossed on 1st Amendment grounds
“The court agrees with Mr. Trump’s argument because the tweet in question
constitutes ‘rhetorical hyperbole’ normally associated with politics and public
discourse in the U.S.,” U.S. District Judge S. James Otero in Los Angeles said
in a ruling Monday, as
Bloomberg reported. “The First Amendment protects this type of rhetorical
statement.”
https://www.foxnews.com/politics/stormy-daniels-defamation-suit-against-trump-tossed-on-1st-amendment-grounds
October 16: MFIA Clinic Involved in First
Amendment Lawsuit Against President Trump
PEN America, the leading national organization representing writers and literary
professionals and defending free expression, filed a lawsuit on October 16,
2018, against President Donald J. Trump for using the powers of the federal
government to retaliate against journalists and media outlets he finds
objectionable, in violation of the First Amendment. PEN America is represented
in the case by Yale Law School's
Media Freedom and
Information Access Clinic and the nonpartisan nonprofit Protect Democracy.
The filing asserts that, while President Trump is free to express his own views
critical of journalists and media outlets, his use of the regulatory and
enforcement powers of government to punish the press for criticism of him is
unconstitutional.
https://law.yale.edu/yls-today/news/mfia-clinic-involved-first-amendment-lawsuit-against-president-trump
October 16: PEN
America Sues Trump to Stop Him From Violating First Amendment
A prominent literary and human rights organization is suing President Donald
Trump over statements, demands, and actions he has taken that the group says in
its suit
violate constitutional protections offered by the First Amendment. PEN
America accused the president of violating his oath of office.
The lawsuit asks a court to prevent the president from using the levels of
government in any fashion to “retaliate against, intimidate, or otherwise
constrain speech critical of him or his Administration.”
http://fortune.com/2018/10/16/writers-sue-trump-first-amendment/
October 16:
Trump’s Attacks on the Press Are Illegal. We’re Suing.
A coalition of free-press advocates is taking on the president.
https://www.politico.com/magazine/story/2018/10/16/trumps-attacks-on-the-press-are-illegal-were-suing-221312
October 18: Yale Clinic Helps Sue Trump For
Violating Journalists' First Amendment Rights
A national group representing writers and journalists and the Media Freedom and
Information Access Clinic at Yale Law School have filed a lawsuit against
President Donald Trump.
Suzanne Nossel with PEN America says she’s suing Trump on behalf of journalists
for violating their First Amendment rights when his talk crosses the line into
threats.
http://www.wshu.org/post/yale-clinic-helps-sue-trump-violating-journalists-first-amendment-rights#stream/0
October 23: Editorial: Trump’s body-slam of
First Amendment rights
Trump’s celebration of an assault against a reporter poses a threat to
journalists across the globe.
Earlier this summer when the
Boston Globe coordinated a campaign that encouraged more than 400 newspapers
to publish editorials promoting freedom of the press and criticizing President
Trump’s frequent attacks on the media The Herald Editorial Board declined to
participate.
We opted not to join the chorus not because we disagreed with the message from
fellow journalists; instead, we believed it best to keep our voice independent
and to express our criticisms of the Trump administration — as we have done in
the past — when there was reason.
There is reason now.
https://www.heraldnet.com/opinion/editorial-trumps-body-slam-of-first-amendment-rights/
October 31:
Trump’s Divisive Speech Puts the First Amendment at Risk
Americans’ commitment to unfettered free speech is starting to fray. If
Trump can’t control his words, those around him have a responsibility to keep
hate speech in check.
https://foreignpolicy.com/2018/10/31/trumps-divisive-speech-puts-the-first-amendment-at-risk-antisemitism-hate-speech-crimes-pittsburgh-shooting-synagogue-jews/
November 8: Jenny Lambe, a nationally known
First Amendment scholar and associate professor of communication at the
University of Delaware, can comment on the White House's decision to revoke CNN
reporter Jim Acosta's press credentials and the concept of freedom of the press
in general.
"Revoking the press credentials of a reporter asking challenging questions of
the President is anathema to freedom of the press," Lambe said. "Lying about why
they were revoked, and suggesting the reporter 'laid hands on a young female
intern,' is reprehensible."
https://www.newswise.com/articles/first-amendment-scholar-can-comment-on-trump's-battle-with-freedom-of-press
November 14: Nobody has a First Amendment
right to demand access to the
White House
and CNN isn’t harmed
by having reporter
Jim Acosta barred from having press credentials, the
Justice
Department said Wednesday, firing back at the cable network’s new lawsuit.
The fight reached a
Washington courtroom Wednesday afternoon, where U.S. District Judge Timothy
J. Kelly, a Trump appointee, heard arguments on
CNN’s request that he
immediately order the
White House to
reissue Mr. Acosta
a pass.
The judge did not rule, saying he would return to the courtroom Thursday.
https://www.washingtontimes.com/news/2018/nov/14/donald-trump-responds-cnn-says-no-first-amendment-/
November 20: Mimicking Mussolini: Trump’s
war on the First Amendment
The First Amendment of the Constitution of the United States of America states:
“Congress shall make no law respecting an establishment of religion or
prohibiting the free exercise thereof; or abridging the freedom of speech, or of
the press, or the right of the people peaceably to assemble and to petition the
government for a redress of grievances.”
Those words are a simple act of democracy in which free speech and free press
can be guaranteed in a free society, but those guarantees are being eroded by
the very person who is essentially the guardian of the Constitution—the
President of the United States.
https://www.peoplesworld.org/article/mimicking-mussolini-trumps-war-on-the-first-amendment/
-- 2019 --
January 11: Attention President Trump:
Blocking on Twitter may violate First Amendment
Earlier this week, the Fourth Circuit Court of Appeals
ruled that a
Virginia official violated the First Amendment rights of a constituent who was
banned from the official’s Facebook page. The case marks the first appellate
court decision regarding whether a governmental social media page constitutes a
public forum — and has significant implications for a similar case currently on
appeal regarding the constitutional status of the president’s Twitter account.
https://www.aei.org/publication/attention-president-trump-blocking-on-twitter-may-violate-first-amendment/
Undated: Knight Institute v. Trump — Lawsuit
Challenging President Trump's Blocking of Critics on Twitter
https://knightcolumbia.org/content/knight-institute-v-trump-lawsuit-challenging-president-trumps-blocking-critics-twitter
February 19: Clarence Thomas Echoes Trump,
Suggests Supreme Court Revisit Landmark First Amendment Case on Libel Law
https://www.newsweek.com/clarence-thomas-donald-trump-first-amendment-1336049
March 15:
https://www.hollywoodreporter.com/thr-esq/donald-trump-beats-lawsuit-hacked-dnc-emails-losing-first-amendment-argument-1195106
March 21:
President Donald Trump signed an executive order Thursday requiring U.S.
colleges to protect free speech on their campuses or risk losing federal
research funding.
The new order directs federal agencies to ensure that any college or university
receiving research grants agrees to promote free speech and the exchange of
ideas, and to follow federal rules guiding free expression.
The order follows a growing chorus of complaints from conservatives who say
their voices have been stifled on campuses across the U.S. Joining Trump at the
ceremony were students who said they were challenged by their schools while
trying to express views against abortion or in support of their faith.
Enforcement of the order will be left to federal agencies that award grants, but
how schools will be monitored and what types of violations could trigger a loss
of funding have yet to be seen. White House officials said details about the
implementation will be finalized in coming months.
Some colleges leaders have said they worry the order could backfire. If a
speaking event threatens to turn violent, for example, some say they might have
to choose between canceling the event for safety and allowing it to continue to
preserve federal funding. Some say it could force religious universities to host
speakers with views that conflict with the universities' values.
http://www.fox5dc.com/news/trump-orders-colleges-to-back-free-speech-or-lose-funding
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