Free speech was nice while it lasted. But between Trump’s lawsuit fetish, corporations using the courts as a bludgeon, and a Supreme Court itching to dismantle press protections, the First Amendment is looking less like a right and more like a privilege—for those who can afford the legal fees.
Trump’s Legal Tantrums: Suing the Press into Submission
Donald Trump has never met a journalist he didn’t want to sue. He hates New York Times v. Sullivan—the 1964 Supreme Court ruling that makes it hard for public figures to sue for defamation unless they can prove actual malice (i.e., the journalist knowingly lied or was recklessly indifferent to the truth). Sullivan protects journalists from being dragged into endless lawsuits just for reporting facts.
But Trump wants to bulldoze it. He’s openly said he’ll “open up our libel laws” if given the chance, making it easier to sue the press into silence. His strategy? Drown news outlets in frivolous lawsuits until they’re too broke or too scared to cover him critically. It’s not about proving defamation—it’s about punishing reporters for doing their jobs.
SLAPP Suits: Corporations’ Favorite Muzzle
Trump isn’t the only one trying to weaponize the courts against free speech. Enter Strategic Lawsuits Against Public Participation (SLAPPs)—where billion-dollar corporations sue activists, journalists, and advocacy groups to shut them up. The goal? Not to win, but to intimidate and bankrupt critics into silence.
Take Energy Transfer Partners, the company behind the Dakota Access Pipeline. In 2017, they sued Greenpeace for a laughable $900 million, calling them a “criminal enterprise.” Their real crime? Organizing protests. ETP filed their lawsuit in N. Dakota where Oil is the biggest employer and 75% voted for Trump. They won $600 Million Dollars from the jury.
SLAPPs turn the First Amendment into a financial death trap: Speak out, and prepare for a legal battle you can’t afford.
The Supreme Court’s Slow Strangulation of the Press
And then there’s the Supreme Court, where certain justices are practically begging for a chance to shred press protections. Clarence Thomas has already said he wants to overturn Sullivan, claiming it has “no basis in the Constitution.” If he gets his way, every politician, billionaire, and CEO with a bruised ego will have a green light to sue the press into oblivion.
If the Court guts Sullivan, investigative journalism will become a legal minefield. Reporters will think twice before exposing corruption, and the public will be left with sanitized, lawsuit-proof coverage.
The Future: Free Speech for the Rich
The message is clear: Free speech is only free if you can afford the legal fees. Trump’s lawsuits, corporate SLAPPs, and a conservative Supreme Court are turning the First Amendment into a pay-to-play system. Say something inconvenient, and you’ll be sued into silence.
The First Amendment isn’t dying—it’s being slowly, methodically strangled in courtrooms across America. And the people killing it have the audacity to call themselves defenders of “freedom.”