Forum on Defending the First Amendment from Trump
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.'
Updates | The Week of September 18, 2017
As the Trump administration continues to attack the press and free speech, Take Care highlights legal avenues through which the press can push back.
Versus Trump: The FOIA Spectacular!
On this week’s episode of Versus Trump, Easha and Charlie discuss all things FOIA—that is, the Freedom of Information Act. Listen now!
Neo-Nazis, Wedding Cakes, and Compelled Speech
Here I explore the interests asserted by GoDaddy and Google in denying service to neo-Nazis and their ilk. I then consider implications of my analysis for the pending Supreme Court case of Masterpiece Cake Shop v. Colorado Civil Rights Comm'n.
How Damaging is Clinton v Jones to Trump's Defense Against Various Lawsuits?
Unless and until the Supreme Court overrules Clinton v. Jones, that rule is that the president lacks immunity, regardless of where he is sued. Thus, Clinton v. Jones is indeed very damaging to Trump's defense against the various lawsuits against him on the basis of his pre-presidential conduct.
State Action Doctrine Under An Autocrat
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.
Protecting Against Arbitrary Government
Executive bullying creates a potential taint of illegitimacy, of arbitrariness, that could color the political and moral legitimacy of future governmental actions
The Bully and the Press
By Sonja West: 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 Protesters'—And The President's—Freedom Of Speech
Some people are trying to sue the President for violence that erupted at his campaign rallies. But if they're successful, it might make life more difficult for many others, like Black Lives Matter, who regularly speak passionately about controversial issues.
Versus Trump: Waking Dream(host)
On this week’s episode of Versus Trump, we talk about web-hosting company Dreamhost's refusal to cooperate fully with the Trump Administration's broad request for information about the visitors to DisruptJ20.org, a website allegedly used by those involved in an Inauguration Day riot. Listen now!
Versus Trump: [This Episode Blocked]
On this week’s episode of Versus Trump, Easha, Jason, and Charlie dive into the merits of a lawsuit brought by Twitter users who have been blocked by @realDonaldTrump. They claim the President's blocking violates the First Amendment. Listen now!
Jason Harrow is Wrong About the First Amendment
Freedom of speech is great. Nobody denies it. But the lawsuit against Trump for inciting violence at a campaign rally is legally meritorious, at least at the motion to dismiss stage. And the notion that finding liability against Trump here would imperil protests for all Americans just doesn't hold water.
Free Speech Solidarity
Collective action has proven an effective response to the President’s attempted interference with the employment of Jemele Hill and NFL players.
Hate Speech Is Free Speech, But Maybe It Shouldn't Be
Given enough time, a movement to treat hate speech as beyond the pale, perhaps as part of a backlash against Trumpism, could result in political changes and transformative judicial appointments that redefine the protections of the First Amendment.
Trump & Libel
A particularly brazen part of Trump’s attack on the press has been his assertion—both as a candidate and as President—that he will change the libel laws to make it easier to sue the media for unfavorable coverage. That won't work, for many reasons. But Trump’s outrageous threats are brilliantly successful in other ways, no matter how unlikely they are to formally succeed.
When Free Speech Suits the President
A federal judge has refused to dismiss a suit alleging that President Trump incited violence against protesters at one of his campaign rallies last year. The bitter irony to Trump's defense is that it seeks to expand free speech rules; usually, he prefers to trash them.
In a civil suit against Trump for inciting violence at a campaign rally, Trump's lawyer argues that Trump is immune from suit as President of the United States (citing Clinton v. Jones). His argument is not simply wrong. It is sanctionable.
Updates | The Week of June 5, 2017
Discussion of President Trump blocking constituents on Twitter, and pro-Trump information spreading on the social media site.
Updates | The Week of June 12, 2017
Analysis continues whether the President violates the First Amendment by blocking Twitter followers due to disagreement with their views.
Updates | The Week of May 8, 2017
A reporter in West Virginia was arrested after persistently questioning Health and Human Services Secretary Tom Price about the AHCA.
Updates | The Week of June 19, 2017
Newly released Supreme Decisions set boundaries on the extent to which the government may limit speech on social media and in the market place.
Updates | The Week of April 10, 2017
This week, Twitter sued to oppose a demand for the identity of a user critical of the Trump Administration by the Customs and Border Patrol. Erik Wemple writes that President Trump has undermined public trust in the media.
Updates | The Week of April 3, 2017
Take Care saw analysis of President Trump's free speech argument in the civil case alleging that he incited violence against protestors by Amanda Shanor, as well as an argument for an active "democracy agenda" by Daniel Tokaji.
Updates | The Week of May 1, 2017
Reince Priebus wants to limit American speech against the government, which is probably unconstitutional. President Trump will find no shelter from suit in Clinton v. Jones precedent.
Updates | The Week of July 10, 2017
Twitter users blocked by President Trump sued him and other White House aides claiming the Twitter feed is a public forum. The President's personal lawyer argued that Trump's statements on the campaign trail should be held to a different defamation standard.