2018 continued to be a tumultuous and troubling year for Americans who believe that our Constitution protects us from violations of free speech, free press, due process, equal protection under the law, and the arbitrary power of government to usurp the rule of law. In 2018, the federal courts demonstrated again that they serve as the safety valve, checking abuses of power by the executive branch of government, including notably President Donald Trump and his administration.
More than one thousand Americans from forty different states have joined together in declaring independence from the policies and practices of President Trump. They anticipated that President Trump and his administration would violate basic American values and are documenting the major federal lawsuits challenging the President and his administration.
On November 13, 2018, Cable News Network (CNN) and Abilio James Acosta sued President Donald Trump, John Kelly, William Shine, Sarah Huckabee Sanders, and the United States Secret Service, alleging that the above listed defendants revoked Mr. Acosta’s White House credentials in violation of the 1st Amendment and the due process clause of the 5th Amendment. On the same day, CNN and Mr. Acosta also filed a motion for a temporary restraining order and preliminary injunction requiring the above listed defendants to restore Mr. Acosta’s credentials.
On October 16, 2018, PEN American Center, Inc. filed a complaint at the United States District Court, Southern District of New York, against Donald Trump in his official capacity as President of the United States. PEN America is an association of writers and other literary and media professionals, including journalists who “work for, or with, the Washington Post, Time Warner, CNN, NBC, the White House press corps, and other entities against whom Trump has used, or threatened to use, the machinery of government to retaliate for or suppress their critical speech.”
In the Complaint, PEN America alleges that Donald Trump “directed his threats and retaliatory actions at specific outlets whose content and viewpoints he views as hostile.” (Compl. para 2.) PEN America argues that “President Trump has First Amendment rights and is free to criticize the press vehemently, but he is not free to use the power and authority of the United States government to punish and stifle it.”
By Alyssa Kapasi On Wednesday, May 23, United States District Judge for the Southern District of New York Naomi Reice Buchwald issued a ruling in the case of Knight First Amendment Institute at Columbia University, Rebecca Buckwalter, Philip Cohen, Holly Figueroa, Eugene Gu, […]