Special Investigations

Press Freedom Defense Fund

The Intercept Sues Trump for Selling Premium Access to Truth Social Announcements

A lawsuit filed with two legal advocacy groups argues the president is restricting First Amendment-protected information in a scheme to enrich himself.

The Intercept and the Freedom of the Press Foundation sued President Donald Trump and his staff Wednesday, challenging a Trump-owned media company’s plan to monetize the president’s social media posts.

The lawsuit is in response to a scheme announced last month by the parent company of Trump’s Truth Social platform to charge as much as $100,000 per month for early access to the president’s posts. 

By offering preferred access to presidential missives, the monetization plan, dubbed “Truth API,” would violate the First Amendment rights of journalists and other members of the public to equal access to official information, the lawsuit argues, while allowing Trump to trade his public statements for cold hard cash.

“Trump is trying to enrich himself by privatizing government information that he has no right to sell,” said Ben Muessig, editor-in-chief of The Intercept. “We won’t let it stand.”

The complaint filed in the Southern District of New York also asserts that the monetization scheme, which it described as an “out-and-out plan of extortion,” would violate the Fifth Amendment by charging “unreasonable sums” for equal access to government information and by undermining the right to equal protection under the law.

“This lawsuit seeks to vindicate the principle that the president of the United States cannot profit from the official government statements of the president,” said Nikhel Sus, Chief Counsel for Citizens for Responsibility and Ethics in Washington, which provided legal support for the lawsuit. “Every American is entitled to equal access to the president’s public statements. Individuals who pay $100,000 to the president’s personal company do not have any greater entitlement to those public statements.”

“Every American is entitled to equal access to the president’s public statements.”

“Every American is entitled to equal access to the president’s public statements.”

Truth API is part of a broader effort to bring Trump Media & Technology Group into the black. Despite a steep up-front cost ranging from $60,000 to $100,000 per month, the company’s interim CEO Kevin McGurn has been explicit about the potential dividends awaiting customers willing to pay — and the potential gain for Trump and other shareholders.

“Truth API delivers a direct, licensed, real-time feed of the platform’s most market-moving Truths while advancing our strategy to monetize proprietary assets through a high-margin, recurring revenue stream,” McGurn said in a July 16 press........

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