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James Goodale: Fighting for the Press and Freedom of Speech
Donald Trump has wasted no time in his second term attacking free speech and freedom of the press. He arrested Mahmoud Khalil, a permanent US resident with a green card and a student visa, and is trying to deport him (until restrained by a federal judge) because Khalil led pro-Palestinian protests at Columbia University. He has threatened to deport other students for their pro-Palestinian protests. Trump banned the Associated Press from White House press briefings and Air Force One for using the term “Gulf of Mexico” instead of “Gulf of America.”
He also banned Reuters News Service and Huffington Post from the press pool. He has issued Executive Orders which federal agencies have cited as authority to ban forbidden words from government websites such as the words Diversity, Equity, and Inclusion. He’s threaten to pull federal funding from over 50 universities for teaching aspects of American history such as slavery and racism, which he labels “divisive.” He has encouraged congressional investigations against Democrats who served on the January 6 Committee.
He has promoted a definition of “antisemitism” which would punish political criticism of Israel. And he has filed lawsuits seeking hundreds of million of dollars in damages against ABC, CBS, Media Matters for America, and newspapers based on how they have reported on him, his candidacy, and his actions as President.
Guest – James Goodale is the former vice president and general counsel for The New York Times and, later, the Times’ vice chairman. He is the author of Fighting for the Press: The Inside Story of the Pentagon Papers and Other Battles. Goodale represented The New York Times in four of its United States Supreme Court cases, including Branzburg v. Hayes, in which the Times intervened on behalf of its reporter Earl Caldwell. The other cases were New York Times v. Sullivan, New York Times Co. v. United States (the Pentagon Papers case), and New York Times Co. v. Tasini. He has been called “the father of the reporter’s privilege” in the Hastings Law Journal because of his interpretation of the Branzburg case.
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Pushing The Limit Of Presidential Power
Since being sworn in for his second term on January 20, 2025, Donald Trump has signed (with a big black marker) almost 90 Executive Orders or EOs, stretching the limits of Presidential power. In response, over 100 lawsuits have been filed challenging the most egregious and questionable EOs. Some of the most sweeping orders seek to totally dismantle over 70 years of laws, policies, and programs promoting Diversity, Equity, Inclusion, and Accessibility. These EOs were immediately challenged in court. Meanwhile, some companies have surrendered to Trump and terminated their Diversity programs, while civil rights groups are fighting back.
Stephen’s recent article – First They Came For Mahmoud Khalil
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