Trump's Attacks on the Press Are Illegal. We're Suing.
Source: Politico
President Donald J. Trumps frequent threats and hostile acts directed toward journalists and the media are not only offensive and unbecoming of a democratic leader; they are also illegal. In the Trump era, nasty rhetoric, insults and even threats of violence have become an occupational hazard for political reporters and commentators. To be sure, a good portion of President Trumps verbal attacks on journalists and news organizations might be considered fair game in this bare-knuckled political moment. The president has free-speech rights just like the rest of us, and deeming the news media the enemy of the American people and dismissing accurate reports as fake news are permissible under the First Amendment.
But the First Amendment does not protect all speech. Although the president can launch verbal tirades against the press, he cannot use the powers of his office to suppress or punish speech he doesnt like. When President Trump proposes government retribution against news outlets and reporters, his statements cross the line. Worse still, in several cases it appears that the bureaucracy he controls has acted on his demands, making other threats he issues to use his governmental powers more credible. Using the force of the presidency to punish or suppress legally protected speech strikes at the heart of the First Amendment, contravening the Constitution. Presidents are free to mock, needle, evade and even demean the press, but not to use the power of government to stifle it.
That is why this week PEN America, an organization of writers that defends free expression, together with the nonprofit organization Protect Democracy and the Yale Law School Media Freedom and Information Clinic, is filing suit in federal court seeking an order directing the president not to use the force of his office to exact reprisals against the press.
While the presidents actions are unprecedented, the law here is established. A 2015 judicial opinion by the Seventh Circuits (now-retired) Judge Richard Posner makes clear that a public official who tries to shut down an avenue of expression of ideas and opinions through actual or threatened imposition of government power or sanction is violating the First Amendment. Similarly, a 2003 Second Circuit opinion found that the First Amendment was violated when an officials statements can reasonably be interpreted as intimating that some form of punishment or adverse regulatory action will follow the failure to accede to the officials request.
President Trump has engaged repeatedly in precisely the kind of behavior those courts have found unlawful.
Read more: https://www.politico.com/magazine/story/2018/10/16/trumps-attacks-on-the-press-are-illegal-were-suing-221312
bluestarone
(16,906 posts)Every news outlet should do the same!!!!!!!!!!!!!!!!
sakabatou
(42,146 posts)DemocracyMouse
(2,275 posts)truthisfreedom
(23,145 posts)Beat em up!
Blue_Tires
(55,445 posts)if the media actually did their fucking jobs back in 2016 instead of engineering their goddamned "horse race" and treating Trump like a LOL freakshow reality TV trainwreck celebrity while giving Hillary the microscopic scrutiny requisite to all legit presidential candidates, we wouldn't be in this nightmare of shit today...
debsy
(530 posts)i don''t hold out much hope for us.
zentrum
(9,865 posts)....am also feeling a lot of despair.
hostalover
(447 posts)BumRushDaShow
(128,835 posts)They created the monster and now they don't like when the monster attacks them.
Bfd
(1,406 posts)Thank You
FakeNoose
(32,628 posts)We can't spend too much time blaming them for their obvious failure, and I know I'm one of those who's been beating a dead horse. It's not 2016 any more and now is the time to pull up our britches and get to work. The journalists have learned their lesson well, and they're making it up in spades this year.
Next year they'll do even better, I just know it.
Mr.Bill
(24,280 posts)A few days ago he started having them murdered.
Liberty Belle
(9,534 posts)killing several people.
I am a journalist and my top reporter at our organization is getting death threats regularly, incited by the "fake news" crowd constantly denouncing the media.
Cha
(297,137 posts)TomSlick
(11,096 posts)I foresee a motion to dismiss. I'm doubtful a judge will see Trump's ranting as directly inciting violence.
Then again, I'm as close to a First Amendment absolutist as anyone I know.
KY_EnviroGuy
(14,489 posts)Faux News and some right-wing talk radio programs are probably guilty of the same sin, i.e. inciting violence or suppression efforts against media orgs they don't like.
However, Donny tRump cannot deal with anyone or anything that tries to control or limit him in any way. If the court decides against him, I'll bet he will fight it up to the nearest right-leaning court they can find to overturn.
tRump simply believes he is king of the USA and by extension, the world.......
Liberty Belle
(9,534 posts)Who has been bullied, threatened and harassed by a local politician similar to Trump simply for doing my job and reporting on his criminal actions (actual conviction), civil suits and long record of bullying, threatening and harassing other people. He has called us fake news, lying media, claimed my reported and I have no press credentials even though we're credentialed by the local police and won high-level journalism awards for our reporting on his scandals. He's also lost an anti-SLAPP suit matter involving someone else.
This stuff needs to stop. Journalism is the only occupation protected by the Constitution in the very FIRST Amendment for a reason.
UpInArms
(51,280 posts)harassment that reporters tolerate ... this attack on the First Amendment is beyond the pale
Demonaut
(8,914 posts)Silver1
(721 posts)More to come. Hang in.
laserhaas
(7,805 posts)red dog 1
(27,792 posts)I'm so sick of that rat bastard!