Is Freedom of Expression in Danger? First Amendment Experts … – TheWrap
The grey area between questions of privacy rights and First Amendment rights were central to TheWraps panel discussion in Los Angeles Thursday night, The First Amendment In the Age of Trump and needless to say, there were plenty of issues to debate.
Brian Knappenberger, director of the documentary Nobody Speak: Trials of a Free Press, feels that Silicon Valley billionaire Peter Thiels secretive involvement in the Hulk Hogan/Gawker trial threatened the First Amendment rights of the free press. But the irony is that the First Amendment in part protects Thiels secrecy.
Or consider how universities have been locked in debate over whether figures like Ann Coulter or Milo Yiannopoulos have the right to speak on college campuses. The First Amendment protects their right to speak, but it also protects those fighting back against that speech. Are students exercising their rights or are they suppressing debate?
Also Read: What Happens if the Media Defies White House Camera Ban?
Then theres the case of writing on the internet. Fake news, false memes and outright hate speech can be easily proliferated online, all under anonymous internet monikers. Their words have proven dangerous and made people mistrust the media, yet the First Amendment protects their anonymity.
Also Read: 'Nobody Speak' Review: Money Muzzles the Media
The talk followed a screening of Knappenbergers Netflix documentary Nobody Speak: Trials of the Free Press. It charts how Gawkers decision to publish Hulk Hogans sex tape led to a trial that has potentially opened the flood gates for billionaires to make news outlets they dont like disappear.
Im bothered by the secrecy of what happened here. As I understand it, what Peter Thiel did here used to be illegal, Knappenberger said during the panel discussion. Theres this notion that this can be done in secret, that a thumb can be placed on this conversation in a way that is invisible to the participants involved, invisible to the public and invisible to the jury as well. That is troubling to me.
Also Read: 'Nobody Speak' Director Compares Hulk Hogan, Gawker Trial to President Trump (Video)
But Ricardo Cestero, a partner at the law firm Greenberg Glusker, argues that the secrecy of Thiels actions is part of what the First Amendment protects.
Peter Thiel had a First Amendment right to do whatever lawfully he was allowed to do in order to shut down a publication that in his First Amendment belief wasnt worthy of continuing to exist, Cestero said. Its a jury verdict that balanced the privacy of a celebrity against the publications First Amendment right to do what it did. Peter Thiels involvement is part of what the First Amendment allows.
Cestero argues that the real issue is a flaw in our legal system rather than a failure to recognize the First Amendment. Wealthy individuals who dont like what they read or see in the media can file an arguably frivolous lawsuit, and theres no way for media companies to combat it.
Also Read: What Happens if the Media Defies White House Camera Ban?
Our legal system has gotten to the point where it is cost prohibitive for anything other than companies that are fully insured or the extraordinarily wealthy people or corporations to really litigate meaningful cases like this one, Cestero said. We as a society should look at ways to solve that problem.
Lanny J. Davis, the co-founder and partner of Davis Goldberg & Galper, reiterated how the Hulk Hogan/Gawker case mainly concerned the balance between privacy rights and First Amendment rights. He said that when we argue about First Amendment rights disappearing, we shouldnt lose sight of the fact that Terry Bollea, i.e. Hogans real name, was entitled to privacy as also protected by the Constitution.
Theres a grey area where First Amendment and privacy rights overlap, and people who are progressive need to have a balance in looking at both sides, Davis said.
Also Read: Milo Yiannopoulos Supporter Sues Berkeley for $23 Million
Davis went on to say that these rights extended to Thiels own privacy, but hes ultimately in favor of transparency in litigation. The First Amendment allows anybody to be outed and the person outed to be offended. The principle of the First Amendment is that shouldnt be subject to any penalty. But whats offensive and whats constitutional are different, he added.
David Greene is the Civil Liberties Director at the Electronic Frontier Foundation, and he said during the panel discussion that theres still an issue with billionaires like Thiel putting their thumbs on the scale. Greene said the verdict in the Gawker case was disproportionate to anything hes seen in a privacy case like this.
What you get when you have someone funding it is you have this concern that youll soon get this disproportion, Greene said. And our system isnt well equipped to handle that disproportion. The system that we rely on breaks just a little bit when you have this type of involvement in the cases.
Also Read: President Trump Can't Jail Journalists for Reporting Leaks - Or Can He?
So is the First Amendment under attack more now than when Trump took office? Greene feels there may not be a legal solution to the president attacking the media, but we still need to fight back against that language.
The concern I have in the rhetoric I hear now is its engendering distrust in these institutions that are so vital, Greene said. There are media institutions I like and those I dislike, but I want them all to survive, because thats the way the system works. The more people reporting the better.
Davis says all presidents have been irritated or displeased with the media. But Donald Trump is different.
The difference is Donald Trump demonizes people and creates dangerous, violent tendencies in certain extreme minded, and I think fascist oriented people, he said. We have to try and avoid attacking motives and demonizing people we disagree with. We lose the heartland of this country when we do that as opposed to civil disagreement, and keeping with our criticism of the media, which is sometimes deserved, is that we dont personalize our differences. We dont demonize our opposition. Thats what President Trump does, and thats what makes him dangerous.
Check out the whole video from Thursdays panel discussion above, Nobody Speak is available on Netflix now.
On Sunday, Donald Trump derided the use of anonymous sourcing in news stories. He also said in February that news outlets "shouldn't be allowed to use sources unless they use somebody's name." It's strange he thinks that, because he's used a lot of anonymous sources himself. Here are some examples.
Two years after President Obama released his birth certificate, Trump said it was not believable to some people."You know, some people say that was not his birth certificate," he told ABC in August 2013. "I'm saying I don't know. Nobody knows and you don't know either."
Trump said one of thesources "called myoffice."
Trump took care to describe this sourceas "extremely credible."
Trump so oftensources information to "many people" (without naming any of them) that there's a well-worn #manypeoplearesaying hashtag on Twitter.The Washington Post wrote an article about it, which includes the examples on the next three slides.
At a rally in September, a man in Trump's audience said President Obama was a Muslim and not even an American, then asked Trump to get rid of Muslim training camps.
You know, a lot of people are saying that, and a lot of people are saying that bad things are happening out there, Trump responded.
In early January, Trump said he had heard from many Republicans worried that his rival, Sen. Ted Cruz, was born in Canada.
Id hate to see something like that get in his way, but a lot of people are talking about it, and I know that even some states are looking at it very strongly, the fact that he was born in Canada and he has had a double passport, Trump told thePost.
In May 2016, Trump told the Post what some "people" believe about the death of Vince Foster. I dont bring [Fosters death] up because I dont know enough to really discuss it, Trump said. I will say there are people who continue to bring it up because they think it was absolutely a murder. I dont do that because I dont think its fair.
Soon after Trump called for an end to anonymous sourcing, The Associated Press noted, "Members of Trump's White House team regularly demand anonymity when talking to reporters."
Surprise: Trump berates the news media for doing something hes done himself
On Sunday, Donald Trump derided the use of anonymous sourcing in news stories. He also said in February that news outlets "shouldn't be allowed to use sources unless they use somebody's name." It's strange he thinks that, because he's used a lot of anonymous sources himself. Here are some examples.
Excerpt from:
Is Freedom of Expression in Danger? First Amendment Experts ... - TheWrap
- A Trump Appointee Says the President Likely Violated the First Amendment by Banishing Disfavored Journalists (opinion) - Yahoo - October 17th, 2026 [October 17th, 2026]
- Journal of Free Speech Law: "How Matal v. Tam Became a First Amendment Case: The Record and the Reality" by Simon Tam - Reason Magazine - October 17th, 2026 [October 17th, 2026]
- Judge blocks Trump's White House ban targeting CNN, MS NOW and Politico, saying it likely violated First Amendment - CBS News - October 17th, 2026 [October 17th, 2026]
- The Future of the First Amendment: Young Adults - Ipsos - October 17th, 2026 [October 17th, 2026]
- The Future of the First Amendment: Young Adults - Knight Foundation - October 17th, 2026 [October 17th, 2026]
- Litigators of the Week: A First Amendment Win for CNN, Politico and MS NOW Against White House Press Ban - Law.com - October 17th, 2026 [October 17th, 2026]
- BBC Asks Judge To Force Trump To Sit for Deposition in His Own Lawsuit Against the Channel - First Amendment Watch - October 17th, 2026 [October 17th, 2026]
- Penn Carey Law hosts discussion on DEI and First Amendment after closing equity office - Campus Reform - October 17th, 2026 [October 17th, 2026]
- Broward Teachers Union president alleges First Amendment violation after meeting removal - WPLG Local 10 - October 17th, 2026 [October 17th, 2026]
- Judge prohibited First Amendment defense in trial over naked Shrek image - Axios - October 17th, 2026 [October 17th, 2026]
- Judge: Trump likely violated First Amendment by banning new outlets from White House - Straight Arrow - October 17th, 2026 [October 17th, 2026]
- A Trump appointee says the president likely violated the First Amendment by banishing disfavored journalists - Reason Magazine - October 17th, 2026 [October 17th, 2026]
- Ousted Publisher Says Hegseths Pentagon Ordered Him To Fire Journalists, Made Clear You Have No First Amendment Rights - Mediaite - October 4th, 2026 [October 4th, 2026]
- Letter to the Editor: Trump continues his assaults on the First Amendment - Chico Enterprise-Record - October 4th, 2026 [October 4th, 2026]
- LETTER: Trump and the First Amendment - Las Vegas Review-Journal - October 4th, 2026 [October 4th, 2026]
- The First Amendment at the stadium gate: Who controls speech on a public stage? - Daily Journal - October 4th, 2026 [October 4th, 2026]
- The Trump White House Keeps Treating the First Amendment as More of a Suggestion - Balls and Strikes - October 4th, 2026 [October 4th, 2026]
- OPINION: The First Amendment belongs to all of us - DerbyInformer.com - October 4th, 2026 [October 4th, 2026]
- Why the First Amendment is first - The Tryon Daily Bulletin - October 4th, 2026 [October 4th, 2026]
- An attorney with ties to North Dakota is leading a high-stakes First Amendment battle against Trump - kvrr.com - October 4th, 2026 [October 4th, 2026]
- Ousted Publisher Says Hegseth's Pentagon Ordered Him To Fire Journalists, Made Clear 'You Have No First Amendment Rights' - yahoo.com - October 4th, 2026 [October 4th, 2026]
- Man sues Kingsport, police over 2022 arrest, claims First Amendment rights violation - WJHL - September 24th, 2026 [September 24th, 2026]
- Editorial: Trumps news outlet ban stands in opposition to the First Amendment - The Virginian-Pilot - September 24th, 2026 [September 24th, 2026]
- What is the First Amendment and why did 3 news outlets sue Trump? - nbcmiami.com - September 24th, 2026 [September 24th, 2026]
- Dont you just love the First Amendment! - - Smoky Mountain News - September 24th, 2026 [September 24th, 2026]
- Restoring Judicial Review Under the Freedom of Information Act - | Knight First Amendment Institute - September 24th, 2026 [September 24th, 2026]
- CNN, Politico, MS NOW Sue Trump Administration Over White House Access: First Amendment Analysis - Freedom Forum - September 24th, 2026 [September 24th, 2026]
- 251. Newsgathering, the First Amendment, and the White House - One First | Steve Vladeck | Substack - September 24th, 2026 [September 24th, 2026]
- 5 Ways DHS Agents Intimidated Americans Using Their First Amendment Rights - Common Cause - September 24th, 2026 [September 24th, 2026]
- CNN, MS NOW, Politico Sue Over Denied White House Access, Citing First Amendment - WTTW News - September 24th, 2026 [September 24th, 2026]
- Does the presidents White House media ban violate the First Amendment? Lawyer explains - WATE 6 On Your Side - September 24th, 2026 [September 24th, 2026]
- UWEC Professor teaches about first amendment law amid media outlet ban from White House - WEAU - September 24th, 2026 [September 24th, 2026]
- A record number of Americans think the First Amendment goes too far - WAMU - September 24th, 2026 [September 24th, 2026]
- United States: CNN, MS NOW, and Politico file First Amendment lawsuit over White House access ban - ipi.media - September 24th, 2026 [September 24th, 2026]
- Californias Addictive Feeds Law Violates Teens First Amendment Rights - eff.org - September 24th, 2026 [September 24th, 2026]
- On Constitution Day, is the US fumbling the First Amendment? - nmsuroundup.com - September 24th, 2026 [September 24th, 2026]
- Trump has not beaten the First Amendment, try as he might - The Seattle Times - September 24th, 2026 [September 24th, 2026]
- EDITORIAL: President Violates the First Amendment, Mainstream Publications Get a Taste of What the Black Press Has Long Experienced Exclusion - The... - September 24th, 2026 [September 24th, 2026]
- Student journalist sues University of Texas at Dallas for First Amendment violations - Dallas Observer - September 24th, 2026 [September 24th, 2026]
- Detroit Free Press. . First amendment reporter BrieAnna Frank explains how President Trumps ban on several news outlets from the White House will test... - September 24th, 2026 [September 24th, 2026]
- Opinion | Trumps attacks on the First Amendment go well beyond just freedom of the press - ms.now - September 24th, 2026 [September 24th, 2026]
- The Wolf Came As A Wolf: Trump and the First Amendment - Civil Discourse with Joyce Vance - September 24th, 2026 [September 24th, 2026]
- The First Amendment gives Americans a superpower: Petitioning the government to right wrongs - The Seattle Times - September 13th, 2026 [September 13th, 2026]
- The war on terror weakened the first amendment. Now we desperately need it | Jameel Jaffer - The Guardian - September 13th, 2026 [September 13th, 2026]
- CBS Argues First Amendment Protections in Bid to Dismiss Matlock Writer Lawsuit Over Allegedly Racist Comments - The Hollywood Reporter - September 13th, 2026 [September 13th, 2026]
- Kentucky leads 14-state coalition to SCOTUS on First Amendment rights - Eyewitness News (WEHT/WTVW) - September 13th, 2026 [September 13th, 2026]
- The First at 250: A Conversation on the First Amendment - Knight Foundation - September 13th, 2026 [September 13th, 2026]
- The Forever War and the First Amendment, Thu, Sep 10, 2026, 9am - 5pm - Community Calendar - ABC7 New York - September 13th, 2026 [September 13th, 2026]
- Kid Cudi Says First Amendment Protected Firing M.I.A. From Tour, Wants $2.8 Million Lawsuit Tossed - Law Commentary - September 13th, 2026 [September 13th, 2026]
- Police have dual role in protecting public and First Amendment rights | Op-Ed - The Seattle Times - September 13th, 2026 [September 13th, 2026]
- Democrats obliterated the First Amendment right to assembly: RFK Jr - Yahoo - September 13th, 2026 [September 13th, 2026]
- Trump Cant Call Ballots Mail and Escape the First Amendment - Jurist.org - September 8th, 2026 [September 8th, 2026]
- Judge Refuses To Block Pentagon From Firing Stars and Stripes Staffers Over CBS Interview - First Amendment Watch - September 8th, 2026 [September 8th, 2026]
- Uniform doesnt come with First Amendment waiver - oleantimesherald.com - September 8th, 2026 [September 8th, 2026]
- UW to pay $600,000 to professor after losing First Amendment fight over his parody land acknowledgment - Alaska Story - September 8th, 2026 [September 8th, 2026]
- First Amendment auditor convicted of trespassing at Conn. officers home - Police1 - September 8th, 2026 [September 8th, 2026]
- Labor Day: Brought to You by the First Amendment - Freedom Forum - September 8th, 2026 [September 8th, 2026]
- At FIU stop, DeSantis discusses First Amendment rights in wake of federal judge ruling in favor of anti-ICE protesters - WSVN - August 27th, 2026 [August 27th, 2026]
- Commentary: The First Amendment is more than the right to speak - Lake Oswego Review - August 27th, 2026 [August 27th, 2026]
- Trumps Unholy War on the First Amendment - Progressive.org - August 27th, 2026 [August 27th, 2026]
- Stars and Stripes staffers sue Pentagon over firings alleging First Amendment violations - The Independent - August 27th, 2026 [August 27th, 2026]
- Man arrested at Berkeley County gas station says his First Amendment rights were violated - Live 5 News - August 27th, 2026 [August 27th, 2026]
- Composer-Pianist Vijay Iyer to Perform at The Forever War Symposium - | Knight First Amendment Institute - August 27th, 2026 [August 27th, 2026]
- How Do We Aggressively Lobby for Press Freedom Legislation in a Post-Trump World? - | Knight First Amendment Institute - August 27th, 2026 [August 27th, 2026]
- Federal judge says FIU violated first amendment rights of anti-ICE student protesters - Creative Loafing Tampa - August 27th, 2026 [August 27th, 2026]
- Trump Sued for Selling Early Access to Truth Social Posts: First Amendment Analysis - Freedom Forum - August 22nd, 2026 [August 22nd, 2026]
- Students, ACLU argue FIU violated First Amendment rights after doling out punishments for ICE protests - WSVN - August 22nd, 2026 [August 22nd, 2026]
- Did this field trip to a mosque violate the First Amendment? A group of Palo Alto parents think so. - The Forward - August 22nd, 2026 [August 22nd, 2026]
- Second Circuit Says You Have a First Amendment Right to Film Police in Public - Fstoppers - August 22nd, 2026 [August 22nd, 2026]
- Column: Lets celebrate ALL of the First Amendment, not part - The Daily Tar Heel - August 22nd, 2026 [August 22nd, 2026]
- Jury Says The New York Times Defamed Alabama Basketball Player With Incorrect Story About Shooting - First Amendment Watch - August 22nd, 2026 [August 22nd, 2026]
- Disney and ABC filed a First Amendment lawsuit against the FCC - Morning Brew - August 22nd, 2026 [August 22nd, 2026]
- Five Standout Claims In ABCs First Amendment Lawsuit Against The FCC - Deadline - August 22nd, 2026 [August 22nd, 2026]
- Judge weighs First Amendment case involving FIU student protest - CBS News - August 22nd, 2026 [August 22nd, 2026]
- ABC sues FCC claiming first amendment violation - WBKO - August 22nd, 2026 [August 22nd, 2026]
- ABC sues FCC over license reviews, citing First Amendment rights - WRTV - August 22nd, 2026 [August 22nd, 2026]
- Rich Lenkov on murder trials, cocaine trafficking, and a First Amendment showdown - WGN Radio 720 - August 22nd, 2026 [August 22nd, 2026]
- FCC Boss Brendan Carr Says Disneys First Amendment Lawsuit Is Without Merit - Media Play News - August 22nd, 2026 [August 22nd, 2026]
- Judge Plans October Hearing In ABCs First Amendment Lawsuit Against FCC, Says It Will Be Sooner If Agency Takes Action On Licenses - Yahoo - August 22nd, 2026 [August 22nd, 2026]
- Antithesis of Our First Amendment: Families Ask Supreme Court to Toss Texas Ten Commandments Law - Alaska Native News - August 22nd, 2026 [August 22nd, 2026]