NATIONAL: Advocates say First Amendment can withstand Trump attacks – Stanly News & Press
NEW YORK (AP) Whenever Donald Trump fumes about fake news or labels the press the enemy of the people, First Amendment scholar David L. Hudson Jr. hears echoes of other presidents but a breadth and tone that are entirely new.
Trump may not know it, but it was Thomas Jefferson who once said, Nothing can now be believed which is seen in a newspaper, said Hudson, a law professor at Vanderbilt University.
But whats unusual with Trump is the pattern of disparagement and condemnation of virtually the entire press corps. Weve had presidents who were embittered and hated some of the press Richard Nixon comes to mind. But I cant think of a situation where you have this rat-a-tat attack on the press on virtually a daily basis, for the evident purpose of discrediting it.
Journalism marks its annual Sunshine Week, which draws attention to the medias role in advocating for government transparency, at an extraordinary moment in the relationship between the presidency and the press.
First Amendment advocates call the Trump administration the most hostile to the press and free expression in memory. In words and actions, they say, Trump and his administration have threatened democratic principles and the general spirit of a free society: The demonizing of the media and emphatic repetition of falsehoods. Fanciful scenarios of voter fraud and scorn for dissent. The refusal to show Trumps tax returns and the removal of information from government websites.
And in that battle with the Trump administration, the media do not have unqualified public support.
According to a recent Pew survey, nearly 90 percent of respondents favored fair and open elections while more than 80 percent value the system of government checks and balances. But around two-thirds called it vital for the media to have the right to criticize government leaders; only half of Republicans were in support. A recent Quinnipiac University poll found that Americans by a margin of 53-37 trust the media over Trump to tell the truth about important issues; among Republicans, 78 percent favored Trump.
Were clearly in a particularly polarizing moment, although this is something weve been building to for a very long time, says Kyle Pope, editor in chief and publisher of the Columbia Journalism Review, a leading news and commentary source for journalism.
I think one of the mistakes the press made is we became perceived as part of the establishment. And I think one of the silver linings of the moment were in is that we have a renewed sense of what our mission is and where we stand in the pecking order, and that is on the outside, where we belong.
Hudson, ombudsman of the Newseums First Amendment Center, says its hard to guess whether Trump is serious or bloviating when he disparages free expression. He noted Trumps comments in November saying that flag burners should be jailed and wondered if the president knew such behavior was deemed protected by the Constitution (in a 1989 Supreme Court ruling supported by a justice Trump says he admires, the late Antonin Scalia).
Hudson also worries about a range of possible trends, notably the withholding of information and a general culture of secrecy that could close a lot of doors. But he did have praise for Trumps pick to replace Scalia on the court, Neil Gorsuch, saying that he has showed sensitivity to First Amendment issues. And free speech advocates say the press, at least on legal issues, is well positioned to withstand Trump.
We have a really robust First Amendment and have a lot of protections in place, says Kelly McBride, vice president of The Poynter Institute, a nonprofit journalism education center based in St. Petersburg, Florida. That doesnt mean that attempts wont be made. But when you compare our country to what journalists face around the world, I still think the U.S. is one of the safest places for a journalist to criticize the government.
The First Amendment, which states in part that 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, is far broader and more uniquely American than when ratified in 1791.
At the time, free expression was based on the legal writings of Britains Sir William Blackstone. The First Amendment protected against prior restraint, but not against lawsuits once something was spoken or published. Truth was not a defense against libel and the burden of proof was on the defendant, not the plaintiff. And the Bill of Rights applied to the federal government, but not to individual states, which could legislate as they pleased.
The most important breakthrough of recent times, and the foundation for many protections now, came with the New York Times Co. v. Sullivan case of 1964.
The Times had printed an advertisement in 1960 by supporters of the Rev. Martin Luther King Jr. that noted King had been arrested numerous times and condemned Southern violators of the Constitution. The public safety commissioner of Montgomery, Alabama, L. B. Sullivan sued for libel. He was not mentioned by name in the ad, but he claimed that allegations against the police also defamed him. After a state court awarded Sullivan $500,000, the Times appealed to the Supreme Court.
Some information in the ad was indeed wrong, such as the number of times King was arrested, but the Supreme Court decided unanimously for the Times. In words still widely quoted, Justice William Brennan wrote that debate on public issues should be uninhibited, robust, and wide-open, and that it may well include vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials. He added that a libel plaintiff must prove that the statement was made with knowledge that it was false or with reckless disregard of whether it was false or not.
It was breathtakingly new, First Amendment attorney Floyd Abrams said of Brennans ruling. It was an extraordinary step the court was taking.
But freedom of speech has long been championed more in theory than in reality. Abraham Lincolns administration shut down hundreds of newspapers during the Civil War. Woodrow Wilson championed the peoples indisputable right to criticize their own public officials, but also signed legislation during World War I making it a crime to utter, print, write, or publish anything disloyal or profane about the federal government. During the administration of President Barack Obama, who had taught constitutional law at the University of Chicago, the Wilson-era Espionage Act was used to obtain emails and phone records of reporters and threaten James Risen of The New York Times with jail.
Predicting what Trump might do is as difficult as following his views on many issues. He often changes his mind, and contradicts himself.
During the campaign last year, he spoke of changing the libel laws to make it easier to sue the media. But shortly after the election, he seemed to reverse himself. He has said he is a tremendous believer of the freedom of the press, but has worried that Our press is allowed to say whatever they want and get away with it.
Trumps disparagement of the media has been contradicted by high officials in his administration. Secretary of Defense James Mattis said recently that he did not have any issues with the press. Vice President Mike Pence was an Indiana congressman when he helped sponsor legislation (which never passed) in 2005 that would protect reporters from being imprisoned by federal courts. In early March, he spoke at a prominent gathering of Washington journalists, the Gridiron Club and Foundation dinner.
Be assured that while we will have our differences and I promise the members of the Fourth Estate that you will almost always know when we have them President Trump and I support the freedom of the press enshrined in the First Amendment, he said, while adding that too often stories make page one and drive news with just too little respect for the people who are affected or involved.
Go here to read the rest:
NATIONAL: Advocates say First Amendment can withstand Trump attacks - Stanly News & Press
- A new Supreme Court case asks whether children still have First Amendment rights - vox.com - August 7th, 2025 [August 7th, 2025]
- A First Amendment lawsuit highlights the chilling impact of speech-based deportation on student journalists - Reason Magazine - August 7th, 2025 [August 7th, 2025]
- So to Speak: The Free Speech Podcast | Commercial speech and the First Amendment - FIRE | Foundation for Individual Rights and Expression - August 7th, 2025 [August 7th, 2025]
- So to Speak Podcast Transcript: Commercial speech and the First Amendment - FIRE | Foundation for Individual Rights and Expression - August 7th, 2025 [August 7th, 2025]
- Press release specifying the procedures for the release of the first amendment to the 2024 Universal Registration Document of Banque Fdrative du Crdit... - August 7th, 2025 [August 7th, 2025]
- Catholic diocese adds First Amendment argument to Turpin case - Carolina Coast Online - August 6th, 2025 [August 6th, 2025]
- Trump Administration Freezes $339M in UCLA Grants and Accuses the School of Rights Violations - First Amendment Watch - August 6th, 2025 [August 6th, 2025]
- Corporation for Public Broadcasting To Shut Down After Being Defunded by Congress, Targeted by Trump - First Amendment Watch - August 6th, 2025 [August 6th, 2025]
- Whats the First Amendment Got to Do With It? Trumps Defamation Burden Against the Wall Street Journal - Law.com - August 6th, 2025 [August 6th, 2025]
- Tolkkinen: As a recent Minnesota dustup shows, First Amendment auditors with cameras are terrorizing people - Star Tribune - August 3rd, 2025 [August 3rd, 2025]
- First Amendment has limits: Tom Homan insists that Mahmoud Khalil will be deported - the-independent.com - August 3rd, 2025 [August 3rd, 2025]
- First Amendment has limits: Tom Homan insists that Mahmoud Khalil will be deported - MSN - August 3rd, 2025 [August 3rd, 2025]
- Brendan Carr declares victory over the First Amendment - The Verge - August 3rd, 2025 [August 3rd, 2025]
- Chris Hedges: Abolishing the First Amendment - Consortium News - August 1st, 2025 [August 1st, 2025]
- Sean 'Diddy' Combs asks court for acquittal or new trial, says 'freak offs' protected by First Amendment - MSNBC News - August 1st, 2025 [August 1st, 2025]
- 'The First Amendment demands it': Capehart reflects on his decision to leave The Washington Post - MSNBC News - August 1st, 2025 [August 1st, 2025]
- More Than 20 Democratic-Led States Sue Trump Administration Over Planned Parenthood Funding Cuts - First Amendment Watch - August 1st, 2025 [August 1st, 2025]
- Brown University Strikes Agreement With Trump Administration To Restore Lost Federal Funding - First Amendment Watch - August 1st, 2025 [August 1st, 2025]
- News organizations sue Tennessee over police buffer law, citing First Amendment - Knoxville News Sentinel - July 30th, 2025 [July 30th, 2025]
- The ACLU says a New York official violated the NRA's First Amendment rights. They still can't sue her. - Reason Magazine - July 30th, 2025 [July 30th, 2025]
- Forced Labor and the First Amendment - The American Conservative - July 30th, 2025 [July 30th, 2025]
- Chris Hedges: Abolishing the First Amendment - Scheerpost - July 30th, 2025 [July 30th, 2025]
- Chronicle Editorial: Croton-Harmon school district's disdain for the First Amendment costs staff time and taxpayer money. - The Croton Chronicle - July 30th, 2025 [July 30th, 2025]
- Is AI a Horse or a Zebra When It Comes to the First Amendment? - Cato Institute - July 28th, 2025 [July 28th, 2025]
- First Amendment and immunity - Courthouse News Service - July 28th, 2025 [July 28th, 2025]
- Legal Case of Navy Diver Who Sued Newport Beach for First Amendment Violation Advances - California Globe - July 28th, 2025 [July 28th, 2025]
- News organizations sue TN over police buffer law, citing First Amendment - The Tennessean - July 28th, 2025 [July 28th, 2025]
- AFPI Sues Oregon School Activities Association for Silencing Female Athletes First Amendment Rights - America First Policy Institute - July 28th, 2025 [July 28th, 2025]
- NEWTON: Battle between Trump and the First Amendment continues - The Covington News - July 27th, 2025 [July 27th, 2025]
- That eerie sound youre hearing is the First Amendment falling - rawstory.com - July 27th, 2025 [July 27th, 2025]
- TRUMP GOES TOO FAR: Colbert cancellation puts spotlight on Trump war on the First Amendment - MSNBC News - July 27th, 2025 [July 27th, 2025]
- First Amendment doesnt provide the right to be heard, Fourth Circuit finds - Courthouse News Service - July 24th, 2025 [July 24th, 2025]
- Pennsylvania officers face First Amendment lawsuit for trying to criminalize profanity and using patrol car to chase man who recorded police - FIRE |... - July 24th, 2025 [July 24th, 2025]
- Ninth Circuit Reinforces First Amendment Protections of Parent Banned from School District in Response to Speech the District Found Offensive -... - July 24th, 2025 [July 24th, 2025]
- Press Release: Reps. Hank Johnson and Sydney Kamlager-Dove Propose Bill to Safeguard Artists' First Amendment Rights - Quiver Quantitative - July 24th, 2025 [July 24th, 2025]
- What the GOPs Epstein revolt says about the First Amendment - Claremont COURIER - July 24th, 2025 [July 24th, 2025]
- Protesters and demonstrators voice their first amendment right along the street of Canton - 25 News Now - July 24th, 2025 [July 24th, 2025]
- First amendment vs. first-person shooter: Uvalde parents battle with 'Call of Duty' maker in court - Fortune - July 24th, 2025 [July 24th, 2025]
- Columbia University Says It Has Suspended and Expelled Students Who Participated in Protests - First Amendment Watch - July 24th, 2025 [July 24th, 2025]
- Stephen Colberts Late Show Is Canceled by CBS and Will End in May 2026 - First Amendment Watch - July 24th, 2025 [July 24th, 2025]
- US will appeal decision finding punitive executive order against Jenner & Block violates First Amendment - ABA Journal - July 24th, 2025 [July 24th, 2025]
- NPR loses. The First Amendment wins. - The Boston Globe - July 24th, 2025 [July 24th, 2025]
- Trial in AAUP Lawsuit Concludes With Clash Over First Amendment Rights of Noncitizens - The Harvard Crimson - July 22nd, 2025 [July 22nd, 2025]
- Harvard argues in court that Trump administration's funding freeze violated First Amendment - CBS News - July 22nd, 2025 [July 22nd, 2025]
- Harvard argues the government is in violation of the First Amendment. Trumps team frames the lawsuit as a contract dispute - CNN - July 22nd, 2025 [July 22nd, 2025]
- Standing up for Elmo and the First Amendment - Westerly Sun - July 22nd, 2025 [July 22nd, 2025]
- Why the Iowa Senate finally approved enhanced First Amendment protections - Bleeding Heartland - July 22nd, 2025 [July 22nd, 2025]
- First Amendment advocates urge open hearing for San Mateo County sheriff facing removal - The Mercury News - July 18th, 2025 [July 18th, 2025]
- Defeat the Press: How Donald Trumps Attacks on News Outlets Undermine the First Amendment - Variety - July 18th, 2025 [July 18th, 2025]
- An assault on the First Amendment? Yes. But also a lesson in the ethics of reporting police news. - Media Nation - July 18th, 2025 [July 18th, 2025]
- How Donald Trumps Attacks On News Outlets Undermine The First Amendment - TV News Check - July 18th, 2025 [July 18th, 2025]
- Who are First Amendment auditors? Encounters with them prompted police calls in California - Scripps News - July 16th, 2025 [July 16th, 2025]
- Greene County staff permitted to speak to press after pushback from First Amendment groups - The Daily Progress - July 16th, 2025 [July 16th, 2025]
- Death Threats Over Texas Flooding Cartoon Force Museum Journalism Event To Be Postponed - First Amendment Watch - July 16th, 2025 [July 16th, 2025]
- Its the right thing to do: Defense attorney picks up Shasta protester case pro bono, citing First Amendment concerns - Shasta Scout - July 12th, 2025 [July 12th, 2025]
- The First Amendment Protects Ideologically Based Ad Boycotts - Cato Institute - July 12th, 2025 [July 12th, 2025]
- IRS Finally Recognizes That the First Amendment Permits Pastors To Speak From the Pulpit - The Daily Signal - July 12th, 2025 [July 12th, 2025]
- Pocahontas Mayor Reacts Aggressively to Viral First Amendment Auditor - NEA Report - July 12th, 2025 [July 12th, 2025]
- ACLJ's Decades-Long Fight Leads to IRS Recognizing Churches' First Amendment Rights To Speak About Political Issues and Candidates From the Pulpit -... - July 12th, 2025 [July 12th, 2025]
- Central Piedmont fulfilling requests that would lead to First Amendment lawsuit being dropped: Plaintiffs - Queen City News - July 12th, 2025 [July 12th, 2025]
- How Tempe debate over feeding homeless at parks is becoming a First Amendment conversation - KJZZ - July 10th, 2025 [July 10th, 2025]
- IRS: Pastors and Politicians Dont Lose First Amendment Rights in Pulpit - Focus on the Family - July 10th, 2025 [July 10th, 2025]
- Trump admin waffles in court on whether pro-Palestinian foreigners have full First Amendment rights - Politico - July 8th, 2025 [July 8th, 2025]
- Airlines deportation deal with ICE sparks protests and boycott campaign, leading to First Amendment battle - The Free Speech Project - July 8th, 2025 [July 8th, 2025]
- Trump Judges Find No First Amendment Problem With Florida Forcing Teachers to Misgender Themselves - Balls and Strikes - July 8th, 2025 [July 8th, 2025]
- High Court To Hear Street Preacher's First Amendment Case - Law360 - July 6th, 2025 [July 6th, 2025]
- The Columbus Connection First Amendment, Independence Day Thoughts, and Happy Birthday CCN - Columbus County News - July 6th, 2025 [July 6th, 2025]
- Paramounts Trump Lawsuit Settlement: Curtain Call for the First Amendment? (Guest Column) - IMDb - July 6th, 2025 [July 6th, 2025]
- Fourth of July is a reminder to understand your First Amendment rights - The News Journal - July 4th, 2025 [July 4th, 2025]
- Big Tech Can't Hide Behind the First Amendment Anymore | Opinion - Newsweek - July 4th, 2025 [July 4th, 2025]
- FIRE amicus brief: First Amendment bars using schoolkid standards to silence parents' speech - FIRE | Foundation for Individual Rights and Expression - July 4th, 2025 [July 4th, 2025]
- The First Amendment Protects CNN's Reporting on ICEBlock and Iran - Reason Magazine - July 4th, 2025 [July 4th, 2025]
- MCPS to pay $125K to two county residents who sued over alleged First Amendment violations - Bethesda Magazine - July 4th, 2025 [July 4th, 2025]
- Commentary: Winter Garden arrest threat violated First Amendment rights - Orlando Sentinel - July 4th, 2025 [July 4th, 2025]
- First Amendment Expert Responds To BHUSD Policy - Hoover Institution - July 4th, 2025 [July 4th, 2025]
- Donald Trump: the surprise force who saved the First Amendment - Washington Times - July 4th, 2025 [July 4th, 2025]
- Paramount Will Pay $16 Million in Settlement With Trump Over 60 Minutes Interview - First Amendment Watch - July 4th, 2025 [July 4th, 2025]
- Trump Judges Reject First Amendment Challenge and Uphold Florida Law Requiring Teachers to Use Only Pronouns that Align with their Gender at Birth -... - July 4th, 2025 [July 4th, 2025]
- Justice Thomas sounds alarm on courts misapplying First Amendment in political speech cases - Courthouse News - July 2nd, 2025 [July 2nd, 2025]
- 'The full rigor of the Court's resources': Judge warns Trump against witness 'retribution' in First Amendment case over threatened deportations - Law... - July 2nd, 2025 [July 2nd, 2025]