Trial Begins Over Texas ‘Trump Train’ Highway Confrontation
One defendant argued his group had a First Amendment right to demonstrate support for their candidate, but the judge wrote that threats of violence are not protected expression.
First Amendment Scholar Timothy Zick Dismantles Trump v. CNN Lawsuit
Former President Donald Trump filed a $475 million defamation lawsuit against CNN arguing the network has maligned him with “fake news” for the purposes of damaging his political future heading into 2024. First Amendment Watch asked First Amendment scholar Timothy Zick to annotate the 29-page lawsuit for the legal claims it made and the precedents it cited.
DOJ Under President Trump Acquired Phone Records of NYT Reporters
On June 2nd, the Department of Justice revealed that during the administration of former President Donald Trump, the DOJ acquired the phone records of four reporters from The New York Times. The phone records date from the first several months of 2017.
John Quincy Adams: Defeating the Gag Rule and Protecting the Right of Petition
Which president in American history did the most for First Amendment freedoms either in or out of office? This is a deliciously difficult question because the vast majority of the occupants of the Oval Office were, at times, hostile to the First Freedom. Recent presidents simply do not make the grade for their in-office activities.
Fox’s lawyers argue that they had a First Amendment privilege to report newsworthy allegations–even false ones–in a neutral way. They also claim that Smartmatic failed to establish a key requirement of a defamation claim—that Piro, Dobbs, and Bartiromo acted with “actual malice.”
Do Twitter and Other Social Media Platform Bans on Trump Violate the First Amendment?
Twitter, Facebook, and a host of other privately-held companies have imposed bans on President Donald J. Trump, believing that his incendiary comments on January 6, 2021, helped fan the flames of outrage that resulted in an assault on the Capitol. Trump and others have decried the social media blackout as a direct assault on conservative points of view, and as a draconian targeting of only certain types of speech.
Dominion Sues Former Trump Attorney Sidney Powell for Defamation
On January 8th, Dominion Voting Systems filed a $1.3 billion defamation lawsuit against former Trump lawyer Sidney Powell. Filed in the U.S. District Court for the District of Columbia, the suit alleges that during a press conference, rally, and media appearances, Powell “falsely claimed that Dominion had rigged the election, that Dominion was created in Venezuela rig elections for Hugo Chavez, and that Dominion bribed Georgia officials for a no-bid contract.”
Does the First Amendment Protect Trump on Incitement to Riot?
On January 6th, President Donald Trump held a rally near the White House and urged his supporters to march on the Capitol where members of Congress were certifying the results of the 2020 presidential election. “We’re going to walk down, and I’ll be there with you,” he said. “You’ll never take back our country with weakness. You have to show strength, and you have to be strong.”There is no doubt that Trump’s speech was inappropriate, imprudent, rash, offensive, and even repugnant. But, it is more difficult to determine whether Trump’s comments constitute incitement to imminent lawless action, a type of speech not protected by the First Amendment.