Suing Trump for endangering the First Amendment

President Trump has First Amendment rights like everyone else, but he doesn’t have the right to use the instruments of governmental power to impair others’ First Amendment rights. That’s the premise of a new lawsuit filed by the nonpartisan group Protect Democracy on behalf of PEN America (hereinafter, PEN), an organization representing journalists. “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,” PEN’s press release explains.

In part citing Trump statements against Washington Post owner Jeffrey P. Bezos, PEN seeks “a declaratory judgment that the President’s retaliatory actions violate the First Amendment and [to] enjoin the President from directing any employee or agency of the federal government to take any action against the press in retaliation for coverage the President views as hostile.” The press release continues:

The complaint reaffirms that the First Amendment prohibits government actors from using their power in ways that punish the content of reporting or that are intended to stoke intimidation through threats of government action. It notes that individual writers, including freelancers and especially those who may be vulnerable for other reasons — by virtue of their immigration status, for example — may understandably think twice before publishing pieces or commentary that could put them in the White House’s crosshairs.

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