Home 5 Articles and Reports 5 PEN America Launches Legal Action Against President Trump

PEN America Launches Legal Action Against President Trump

by | Oct 23, 2018 | Articles and Reports, News

Writers group PEN America, represented by the non-profit body Protect Democracy and the Yale Law School Media Freedom and Information Access Clinic, has filed a lawsuit against President Trump alleging violations of America’s First Amendment which protects freedom of speech.  The lawsuit seeks to stop President Trump “from using the machinery of government to retaliate or threaten reprisals against journalists and media outlets for coverage he dislikes”.

In an open letter on the PEN America website, it says: “The White House has called for individual journalists to be fired, and the president has referred to the media as “the enemy of the American people.” This has created an environment of hostility toward the media wherein journalists have been subject to death threats, needed bodyguards to cover political rallies, and have faced attacks in their newsrooms. The president has also threatened book publishers and authors who have published critical volumes.”

It isn’t the first time that PEN America has filed suit against a US president, but the body believes this time President Trump’s behaviour is of another order.  It says: “The open and systemic assault we are seeing from President Trump, especially within the current global context in which autocrats around the world—many of whom President Trump openly admires—are undermining a free press in similar ways, poses a level of danger that we believe is unique in recent history.  Past presidents may have skirted First Amendment values or even the law itself, but they continued to affirm the importance of a free press.  In contrast, President Trump has called the press “the enemy of the people,” while turning the regulatory and enforcement powers of the state against the press in a deliberate attempt to silence criticism.”

PEN America has said that the president has a right to criticise journalists and writers because he is protected by the same First Amendment rights the body is citing in its legal action.  But it adds: “However, when President Trump crosses the line and threatens to use his authority to punish the media, or actually does so, it is vital for the courts to step in and affirm that such threats and reprisals are unconstitutional.”

The body is citing a number of instances where it feels the president has acted unconstitutionally, among them:

  • Threatening and using the Department of Justice to disrupt a merger involving CNN’s parent company, Time Warner, with AT&T because of CNN coverage that the president found hostile
  • Directing the US Postal Service to explore raising postal rates for Amazon because of critical coverage of the president in the Washington Post which is owned by Amazon’s founder and CEO Jeff Bezos
  • Directing the removal of certain White House correspondents from events covering he president and threatening to ban additional journalists from these events.

It also deplores the attempts by president Trump to stop publication of Michael Wolff’s Fire and Fury and Omarosa Manigault Newman’s Unhinged earlier this year, describing them as “flagrantly unconstitutional”.

Interestingly, earlier this year one of Trump’s lawyers, Douglas Mirrell, a former partner at Harder LLP, resigned from the firm citing concerns over the First Amendment and its work with the White House.  He said: “I found myself increasingly uncomfortable with the docket of matters we were handling.  They seemed irreconcilable with my core commitment to the defense of the First Amendment”.

Recent News

08Oct
PublisHer Opens Nominations for 2027 Excellence Awards

PublisHer Opens Nominations for 2027 Excellence Awards

PublisHer, the global network championing women’s leadership in the publishing industry, today opened nominations for the 2027 PublisHer Excellence Awards, marking the fourth cycle of its flagship recognition programme. Founded by Her Highness Sheikha Bodour Al Qasimi, PublisHer created the Awards to celebrate women’s professional achievements, champion diversity, equity and inclusion across the industry, and […]

01Oct
Babylon Books, 15 Years and 100 Titles

Babylon Books, 15 Years and 100 Titles

American publisher Babylon Books is celebrating 15 years in publishing as it prepares to release its 100th title, Jack & Nikita, a Cold War historical novel by No. 1 New York Times bestselling author David L. Robbins. The forthcoming book marks a milestone for the publishing house founded by author William Bernhardt, whose growing catalogue […]

01Oct
Hernan Diaz Turns to the Future in Ply

Hernan Diaz Turns to the Future in Ply

Pulitzer Prize-winning novelist Hernan Diaz is set to publish his third novel, Ply, through Riverhead Books on September 29, 2026. The book follows the international success of Trust, which won the 2023 Pulitzer Prize for Fiction, and takes Diaz’s literary project in a striking new direction. After reimagining America’s past in his previous novels, the […]

Related Posts

Reading Frankfurt on Foot

Reading Frankfurt on Foot

Readers visiting Frankfurt have a few addresses worth noting alongside publishers’ stand numbers: a house where a novel changed its author’s life, a museum preserving the trace of a writer’s hand, a place to hear literature in the voice of its maker. As the Frankfurt...

The Last Mile of a Book’s Journey

The Last Mile of a Book’s Journey

A reader may find the book they have been looking for in seconds, only to reconsider the purchase when the delivery charge or arrival date appears. Between those two moments lies one of the dilemmas of online bookselling: finding a title is not the same as being able...

Babylon Books, 15 Years and 100 Titles

Babylon Books, 15 Years and 100 Titles

American publisher Babylon Books is celebrating 15 years in publishing as it prepares to release its 100th title, Jack & Nikita, a Cold War historical novel by No. 1 New York Times bestselling author David L. Robbins. The forthcoming book marks a milestone for the...

Previous Next
Close
Test Caption
Test Description goes like this