//  10/6/17  //  Latest Developments

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." Here are the entries in that forum.

Aiming the Bully Podium at Minority Communities

Mark Joseph Stern | 10/11/17

From the NFL to Puerto Rico to the impending ban on transgender troops, Trump uses his “free speech rights” to bully minority communities into silence.

Free Speech Solidarity

Charlotte Garden | 10/6/17

Collective action has proven an effective response to the President’s attempted interference with the employment of Jemele Hill and NFL players.

The Bully and the Press

Sonja West | 10/5/17

In response to Trump's attacks, we should embrace the unique constitutional status of journalists and mount defenses based on the First Amendment Press Clause.

Protecting Free Speech and Free Press From Motivated Malignancy

Mike Dorf | 9/28/17

Trump’s potential violations of free speech and press have much in common with his apparent violations of other constitutional limits

Constructing the Press as Enemy

RonNell Andersen Jones & Lisa Grow Sun | 9/28/17 

The Trump administration—in word and in deed—has engaged in enemy construction of the press.

Protecting Against Arbitrary Government

Sabeel Rahman | 9/27/17

Executive bullying creates a potential taint of illegitimacy, of arbitrariness, that could color the political and moral legitimacy of future governmental actions

Friends, Enemies, and Trump's First Amendment Violations

Robert Post | 9/26/17

Trump’s intemperate attacks on political speech he dislikes are inconsistent with democratic self-government.

State Action Doctrine Under An Autocrat

Leah Litman | 9/26/17

President Trump’s autocratic, anti-speech tendencies are blurring one of the key boundaries in existing First Amendment law, which draws a line between government suppression of speech and private suppression of speech.

The Bully Podium: Is the First Amendment Defenseless?

Protect Democracy | 9/19/17  

Trump has besieged freedoms of speech and press. We must prepare to fight back and defend our liberties.

 


Versus Trump: On Flynn, Bolton, and Mary Trump

7/5/20  //  Commentary

On this week’s Versus Trump, Jason and Charlie discuss the D.C. Circuit's extraordinary intervention in the Michael Flynn case, and then move on to two lawsuits seeking to block publication of books: John Bolton's and Mary Trump's. Listen now!

Charlie Gerstein

Civil Rights Corps

Versus Trump: The Military in the U.S. and Proxy Voting in the House

6/7/20  //  In-Depth Analysis

On this week’s Versus Trump, Jason and Charlie take on two topics. First, what can the president legally do to use the military on American soil? Second, is it legal for the House of Representatives to vote by proxy, without being physically present in D.C., as alleged in a new lawsuit by House Republicans? Listen now!

Charlie Gerstein

Civil Rights Corps

Versus Trump: What Will Happen To Michael Flynn?

5/24/20  //  Commentary

On this week’s Versus Trump, Jason and Charlie discuss the extraordinary motion to dismiss Michael Flynn's criminal case. Does the DOJ's logic make sense? And what can Judge Sullivan do if he chooses not to dismiss the case? Listen now!

Charlie Gerstein

Civil Rights Corps