Is the First Amendment safe from Donald Trump?

[webfact]

Is the First Amendment safe from Donald Trump?
By Marc Randazza

Editor's Note: Marc J. Randazza is a Las Vegas-based First Amendment attorney and managing partner of the Randazza Legal Group. Follow him on Twitter: @marcorandazza. The opinions expressed in this commentary are his.

(CNN)Donald Trump has said a lot of strange things -- some funny, some creepy, but none scarier than what he said on Friday: that if he is elected president, he will "open up our libel laws" to make it easier to sue the media and "win lots of money."

No matter what you may think about his other policy ideas, if he keeps this promise, we won't be able to effectively express dissent against anything else he might want to do. We can fight any bad policy if we have a robust First Amendment.

Some say that Trump is just being a blowhard, that he doesn't know what he is talking about, and that for all his bluster, there is nothing he could or would do.

Full story: http://us.cnn.com/2016/02/28/opinions/trump-first-amendment-protections-opinion-randazza/index.html

-- CNN 2016-02-29

[NeverSure]

This is a non-starter for this writer. If he writes something that he knows isn't true and it damages someone he should be libel. He's already protected if he didn't know it was false. He has to write it "with malice" meaning he knew it wasn't true before he's in trouble.

It's always been that way until recently when the press got additional protection via a court ruling. Public figures deserve protection too. If you're going to write something very damaging about someone and publish it to the world, just be sure it's true or at least have a reasonable belief that it's true and you're golden.

Even the most free press has to be honest.

What's the issue?

[mopar71]

Libel is not protected by the First Amendment.

CNN should be first on the list to be sued by Trump.

I watched part of the Trump-Christie press conference on Friday. Someone asked about that KKK guy David Duke endorsing him and Trump IMMEDIATELY said that he disavowed that.

Two days (and three) days later CNN is headlining about how Trump refused in a CNN interview to disavow David Duke's endorsement. Trump played around like he didn't know who Duke was, etc, and I don't know why he did that when the day before he immediately disavowed it. But for CNN (at least CNN Int'l) to make this a leading story for two days is cause for them to be sued. If only they wold spend 1/10th the time on Hillary's scandals and crimes.

[Bung]

If Trump is elected president nothing will be safe. It will be an unmitigated disater that will drag that country down. Ill be pulling my USD out for sure!

[Steely Dan]

Considering the assault on the constitution from the Obama administration this piece really takes some chutzpah.

[stevenl]

As usual again, commenting before reading the link in the OP.

[arjunadawn]

Are there really many people left in the US who believe the Press are truly neutral, independent reporters rather then fully co-opted molders of public opinion and policy? The US media has long been accepted as a separate pillar in American politics, a necessary evil, a compromise, an unsavory truth but the reality we must live with. They are not a pillar of our government; this fallacy was the slippery slope that extended them protections beyond what reason should have. The media should be free to publish whatever they wish. The media, like you and me, should be held accountable when its determined that fraud, poor due diligence, and/or damage has occurred. Continuing the status quo only permits media to continue to operate as a thug, as a tool, as an enforcer, a liar, a molder, without accountability. Libel is libel. One standard.

[klauskunkel]

Is the First Amendment safe from Donald Trump?

I believe it's quite safe. However, the White House is not, as he plans to rebrand it as Trump Cottage.

[Jingthing]

Trump is a psychopathic demagogue with a temperament completely unsuitable to be leader of the free world.

He has a personality disorder where he can't handle criticism without responding in insane ways.

Of course if this American dictator wannabe is elected, he will do all he can to control the press to make it impossible to criticize him, and this is part of it. Americans, we've been warned. Take a clue from history and stop this madness before it's too late.

[Emster23]

When I was young we wondered how the German people could elect Hitler: they were educated, aware, etc (which probably puts them ahead of many of my fellow Americans). Support for Trump and his crazed agenda, totally at odds with what US was founded on, has given us the answer.

[chuckd]

The First Amendment is already under attack by the Clinton campaign.

--------------------------------------------------------------------------

Press Forbidden from Filming Hillary Boarding Private Plane

4:23 PM, FEB 27, 2016 | By DANIEL HALPER

The press was forbidden from filming Hillary Clinton boarding her private plane, said an ABC reporter covering the leading Democratic candidate.

"Clinton staff won't allow press to film HRC boarding her charter. We must get on our plan (sic) before she gets out of car," Liz Kreutz wrote on Twitter.

http://www.weeklystandard.com/article/2001305

------------------------------------------------------------------------

[willyumiii]

Most of what Trump claims he will do as President can not be done by the executive branch of the U.S. government

( That means the President, for you informed Trump supporters)

Laws are not passed, created, or changed by the President of the United States!

That is the job of the legislative branch of the government.

( That's the congress and the house for those uninformed about U.S. government.)

Trump is just playing to the emotions of the uneducated and uninformed,

or he himself is ignorant of what the job he wants actually involves.

I suspect it is a lot of both.

[willyumiii]

The First Amendment is already under attack by the Clinton campaign.

--------------------------------------------------------------------------

Press Forbidden from Filming Hillary Boarding Private Plane

4:23 PM, FEB 27, 2016 | By DANIEL HALPER

The press was forbidden from filming Hillary Clinton boarding her private plane, said an ABC reporter covering the leading Democratic candidate.

"Clinton staff won't allow press to film HRC boarding her charter. We must get on our plan (sic) before she gets out of car," Liz Kreutz wrote on Twitter.

http://www.weeklystandard.com/article/2001305

------------------------------------------------------------------------

And the GW Bush administration forbid the filming of the bodies of killed Americans returning from the wars they started in the middle east.

[willyumiii]

Libel is not protected by the First Amendment.

CNN should be first on the list to be sued by Trump.

I watched part of the Trump-Christie press conference on Friday. Someone asked about that KKK guy David Duke endorsing him and Trump IMMEDIATELY said that he disavowed that.

Two days (and three) days later CNN is headlining about how Trump refused in a CNN interview to disavow David Duke's endorsement. Trump played around like he didn't know who Duke was, etc, and I don't know why he did that when the day before he immediately disavowed it. But for CNN (at least CNN Int'l) to make this a leading story for two days is cause for them to be sued. If only they wold spend 1/10th the time on Hillary's scandals and crimes.

"Trump played around like he didn't know who Duke was, "

"played around"? That must be the Trump term for " He lied".

[JingerBen]

When I was young we wondered how the German people could elect Hitler: they were educated, aware, etc (which probably puts them ahead of many of my fellow Americans). Support for Trump and his crazed agenda, totally at odds with what US was founded on, has given us the answer.

Part of the answer to your question might be the deplorable state of affairs in Germany in the 1920s.

Support for Trump and his crazed agenda doesn't reflect well on the American people or the state of their country.

[chuckd]

Most of what Trump claims he will do as President can not be done by the executive branch of the U.S. government

( That means the President, for you informed Trump supporters)

Laws are not passed, created, or changed by the President of the United States!

That is the job of the legislative branch of the government.

( That's the congress and the house for those uninformed about U.S. government.)

Trump is just playing to the emotions of the uneducated and uninformed,

or he himself is ignorant of what the job he wants actually involves.

I suspect it is a lot of both.

You should have told the current Democrat messiah about this part.

"Laws are not passed, created, or changed by the President of the United States!"

[willyumiii]

Most of what Trump claims he will do as President can not be done by the executive branch of the U.S. government

( That means the President, for you informed Trump supporters)

Laws are not passed, created, or changed by the President of the United States!

That is the job of the legislative branch of the government.

( That's the congress and the house for those uninformed about U.S. government.)

Trump is just playing to the emotions of the uneducated and uninformed,

or he himself is ignorant of what the job he wants actually involves.

I suspect it is a lot of both.

You should have told the current Democrat messiah about this part.

"Laws are not passed, created, or changed by the President of the United States!"

No, we need to tell the wackos who think the President is going to take their guns away.

Obama could not take their guns away even if he wanted to.

The President does not have that authority in America.

Seven years now and he has not even tried.

He's a well educated man who knows his job.

[dunroaming]

Donald needs to up his game a bit, these latest revelations are barely worthy of criticism. If you are going to be controversial then do it properly

[Sheryl]

Most of what Trump claims he will do as President can not be done by the executive branch of the U.S. government

Exactly.

Of course, all candidates talk about doing things they in fact will only be able to do if they can persuade Congress to do them. But in Trump's case this is especially marked and I am not sure he understands what would be involved in actually making any of these things occur. Being President couldn't be more unlike being a CEO. You do not have anywhere near the authority or autonomy.

[Berkshire]

I'd never heard of John Oliver, but this dude is pretty funny....

[Publicus]

When I was young we wondered how the German people could elect Hitler: they were educated, aware, etc (which probably puts them ahead of many of my fellow Americans). Support for Trump and his crazed agenda, totally at odds with what US was founded on, has given us the answer.

Part of the answer to your question might be the deplorable state of affairs in Germany in the 1920s.

Support for Trump and his crazed agenda doesn't reflect well on the American people or the state of their country.

Trump is running in the Republican party and is being voted on by Republicans in Republican party primary votes in states or exclusive Republican party caucuses in other states.

The American people people haven't anything to do with it yet. Trump has to win the Republican party designation at its national nominating convention in July to be its certified candidate for Potus.

Whomever the Republican party chooses, the American people people will express themselves in the general election vote that will be conducted Tuesday November 8th.

Until then the American people people have nothing to do with Donald Trump for Potus.

[Publicus]

The First Amendment is already under attack by the Clinton campaign.

--------------------------------------------------------------------------

Press Forbidden from Filming Hillary Boarding Private Plane

4:23 PM, FEB 27, 2016 | By DANIEL HALPER

The press was forbidden from filming Hillary Clinton boarding her private plane, said an ABC reporter covering the leading Democratic candidate.

"Clinton staff won't allow press to film HRC boarding her charter. We must get on our plan (sic) before she gets out of car," Liz Kreutz wrote on Twitter.

http://www.weeklystandard.com/article/2001305

------------------------------------------------------------------------

Does not rise to the level of the First Amendment to the Constitution. No court can require as dicta or even suggest as obiter dicta that a candidate be available to media for taping while in transit or for any reason at any time.

It's a simple beef between a political campaign and the MSM primarily and other marginal media.

If Trump put on a gorilla mask and the MSM beefed it would not rise to a Constitutional issue.

It is nonsense such as this that causes the right to rightfully be called whingers. Petty, ideological, dogmatic and idle.

Edited February 29, 2016 by Publicus

[Jingthing]

Most of what Trump claims he will do as President can not be done by the executive branch of the U.S. government

Exactly.

Of course, all candidates talk about doing things they in fact will only be able to do if they can persuade Congress to do them. But in Trump's case this is especially marked and I am not sure he understands what would be involved in actually making any of these things occur. Being President couldn't be more unlike being a CEO. You do not have anywhere near the authority or autonomy.

Another reason he doesn't belong in that job. He'll try to make it like he's used to. He appeals to people seeking an authoritarian big Daddy. History shows us this is a recipe for pain and blood.

[aTomsLife]

I'd never heard of John Oliver, but this dude is pretty funny....

Yeah, there were some good one-liners, sure; but ultimately it's just a long comedy skit with little substance. Here's a little behind the scenes about what Oliver was doing, as explained by Stephen Colbert:

[jerojero]

Exactly what America needs....more opportunity for more civil lawsuits.

[Johpa]

I'd never heard of John Oliver, but this dude is pretty funny....

Yeah, there were some good one-liners, sure; but ultimately it's just a long comedy skit with little substance. Here's a little behind the scenes about what Oliver was doing, as explained by Stephen Colbert:

Odd, I found Oliver's monologue to include far more substance than Colbert's brief personal statements of his feelings and thoughts. Oliver brought out specifics inconsistencies in Trumps claims, and even outright, how shall we say, untruths. The Oliver piece included specifics on the Trump brand, Trump's business acumen, and other details on many of Trump's campaign claims and the inconsistencies therein. Perhaps you find comedy and substance to be mutually exclusive and that would be a shame.

[chuckd]

The First Amendment is already under attack by the Clinton campaign.

--------------------------------------------------------------------------

Press Forbidden from Filming Hillary Boarding Private Plane

4:23 PM, FEB 27, 2016 | By DANIEL HALPER

The press was forbidden from filming Hillary Clinton boarding her private plane, said an ABC reporter covering the leading Democratic candidate.

"Clinton staff won't allow press to film HRC boarding her charter. We must get on our plan (sic) before she gets out of car," Liz Kreutz wrote on Twitter.

http://www.weeklystandard.com/article/2001305

------------------------------------------------------------------------

And the GW Bush administration forbid the filming of the bodies of killed Americans returning from the wars they started in the middle east.

Is George Bush running this time? I must have missed the news.

Hillary is and that's who I addressed in my post.

[mopar71]

Most of what Trump claims he will do as President can not be done by the executive branch of the U.S. government

( That means the President, for you informed Trump supporters)

Laws are not passed, created, or changed by the President of the United States!

That is the job of the legislative branch of the government.

( That's the congress and the house for those uninformed about U.S. government.)

Trump is just playing to the emotions of the uneducated and uninformed,

or he himself is ignorant of what the job he wants actually involves.

I suspect it is a lot of both.

Oh, the irony of it all.

I've been reading similar things from Obama supporters as if they are totally unaware that Obama has in reality, in practice has tried to write laws, and in fact has changed laws, bypassing Congress. How many times has he unilaterally changed Obamacare already? Something like 12-14 times?

From a non-partisan point of view it should be pointed out that though out history all candidates have made promises that go beyond the job description of the office they were seeking.

[aTomsLife]

I'd never heard of John Oliver, but this dude is pretty funny....

Yeah, there were some good one-liners, sure; but ultimately it's just a long comedy skit with little substance. Here's a little behind the scenes about what Oliver was doing, as explained by Stephen Colbert:

Odd, I found Oliver's monologue to include far more substance than Colbert's brief personal statements of his feelings and thoughts. Oliver brought out specifics inconsistencies in Trumps claims, and even outright, how shall we say, untruths. The Oliver piece included specifics on the Trump brand, Trump's business acumen, and other details on many of Trump's campaign claims and the inconsistencies therein. Perhaps you find comedy and substance to be mutually exclusive and that would be a shame.

No, of course comedy and substance aren't mutually exclusive. But the clip of Colbert wasn't him just airing his personal feelings and beliefs. He said in plain English that his show was designed to demonize one side while appealing to other side's emotions (the Right and Left, respectively--though I'm sure everyone already knew that). Oliver's show is a spitting image of The Colbert Report in that regard.

[Publicus]

The First Amendment is already under attack by the Clinton campaign.

--------------------------------------------------------------------------

Press Forbidden from Filming Hillary Boarding Private Plane

4:23 PM, FEB 27, 2016 | By DANIEL HALPER

The press was forbidden from filming Hillary Clinton boarding her private plane, said an ABC reporter covering the leading Democratic candidate.

"Clinton staff won't allow press to film HRC boarding her charter. We must get on our plan (sic) before she gets out of car," Liz Kreutz wrote on Twitter.

http://www.weeklystandard.com/article/2001305

------------------------------------------------------------------------

And the GW Bush administration forbid the filming of the bodies of killed Americans returning from the wars they started in the middle east.

Is George Bush running this time? I must have missed the news.

Hillary is and that's who I addressed in my post.

I must have missed the news.

Try checking out the History Channel then. Even if it is a very recent fact pertaining to the immediate past Potus and his heavily censored war.