Trump's Diversionary Assault on the First Amendment
President Donald Trump is in trouble and he knows it.
He promised “no more foreign wars,” but started a war with Iran that he has lost.
He promised to tame inflation, but tariffs and his war of choice have made it worse.
He promised to deport only the “worst of the worst” illegal immigrants. But Immigration and Customs Enforcement has terrorized American cities as agents sometimes arrested, detained, wounded, or killed US citizens.
He promised to make the United States the most respected country in the world, but he has destroyed America’s reputation and alienated its allies.
He calls himself the best president in history, but his approval rating has dropped to the mid-30s—his lowest ever and approaching President Richard Nixon’s final approval rating of 24% shortly before his resignation in 1974.
He tells his audiences to pretend he’s on the ballot in November, but many Republican congressional candidates are distancing themselves from him.
Sen. John Curtis (R) from ruby-red Utah is not up for reelection, but he has urged an investigation into the Trump family’s financial dealings and the potential for corruption.
Trump promised lower interest rates on home mortgages, but 30-year fixed-rate mortgages now exceed 7%—the highest since May 2024.
He promised gasoline below $2.00 per gallon, but the price has soared to an average of $4.50 per gallon. The price of diesel has increased even more dramatically—to a record-shattering $6.50 per gallon.
The list goes on and on. So Trump turned to a familiar foil and a proven strategy: Attack the press to divert public attention from his failures.
CNN, MSNOW, and Politico won the first round in Trump’s latest attempt to subvert the First Amendment. But Trump’s shiny object consumed the media. His goal now is to extend the controversy.
While many of his most senior advisers were away at 3:00 pm on Friday, September 18, Trump announced on social media that he was banning CNN, MSNOW, and Politico from the White House. At first nothing happened, but by Saturday morning the press passes for reporters at those organizations no longer allowed them past White House security.
On Monday morning, September 21, the news organizations sued the Trump administration for violating their First Amendment right to a free press and their Fifth Amendment right to due process of law.
On Tuesday, September 22, the White House sent the organizations what it purported were notices of the revocations, giving them until Friday to respond.
At a court hearing on Wednesday, September 23, Trump’s Department of Justice (DOJ) asserted the laughable argument that the White House letter sent to the news organizations on Tuesday, September 22—days after Trump revoked the press passes—somehow satisfied the Fifth Amendment requirement of due process prior to any revocation.
The DOJ also told the judge that amorphous “national security” concerns justified revoking the passes. But Trump’s own statements of his reasons for the revocation undercut that argument.
Without reaching the First Amendment issues, the court based its constitutional ruling on Trump’s failure to provide due process. Judge Timothy J. Kelly—a Trump appointee—granted a temporary restraining order requiring Trump to restore the........
