Donald Trump tried to prevent the publication of Michael Wolff’s Fire and Fury: Inside the Trump White House. The President has no case. The Constitution properly makes prior restraint of the press or of speech very difficult. Speech can also be punished after it is uttered, thereby preventing more speech. But, as Mr. Trump has noted, the libel laws protect most criticism of public figures including, of course, the President.
As the Wall Street Journal points out, Mr. Trump’s main rival in the 2016 election, Hillary Clinton, supported amending the Constitution to overturn the Citizens United decision. The 2016 election thus offered the country two potential presidents, both hostile to free speech. That’s a sign of political decay, but perhaps also a potential lesson to be relearned.
Critics of President Trump should value the First Amendment. Those who would have been critics of President Hillary Clinton (including current supporters of the President) should do likewise. Mr. Trump’s supporters should also keep in mind that one day they too will want to criticize a public official without being punished for doing so.
Holding political power seems to induce a loss of memory. When they have power, everyone forgets how valuable the First Amendment is. When they don’t have power, everyone takes shelter under its broad protections. Let’s resolve early in this New Year to always remember that freedom of speech benefits everyone, sooner or later.
