Trump 2.0: Executive Power and the First Amendment

Abstract

This repository of materials, produced with the assistance of Ronald K.L. Collins, serves three general purposes: First, it serves to create a record of the many actions the Trump Administration has taken that threaten First Amendment rights and values. As in other areas, it has been difficult to stay abreast of the incessant Executive Orders, lawsuits, and conflicts between the Administration and its targets. However, it is vitally important that the pace of these actions not prevent the public from archiving and appreciating the breadth and depth of the present threat to the First Amendment.

Second, the resource responds to claims or concerns that what is happening now is just “business as usual” as it pertains to executive action and free expression. After all, every president has run-ins with the press and adopts policies that create First Amendment controversies. The repository is its own response. In terms of scope and effect, not to mention the frequent and blatant disregard of fundamental First Amendment principles, the Trump Administration’s campaign is unprecedented.

Third, it provides lessons for reacting and responding to threats posed by future presidential administrations. The tactics of the Trump Administration, including heavy reliance on executive orders, threats to cancel federal funding for universities and other institutions, leveraging of alleged employment discrimination and antisemitism allegations, and aggressive deportation actions against foreign students, caught many off guard – as did the degree of anticipatory compliance by many institutions and individuals. The tactics catalogued in this repository highlight the need for new forms of resistance and new understandings of the scope of executive power as it relates to the First Amendment.

This abstract has been taken from the author's introductory paragraphs.

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Blog Post

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First Amendment Watch (launched April 30, 2025 and updated regularly)

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