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Trump 2.0: Executive Power and the First Amendment
The book systematically examines how Executive Orders and agency actions during Trump’s second term have impacted First Amendment freedoms, offering doctrinal analysis, real-time responses from various institutions, and teaching materials to help understand and navigate these unprecedented challenges.
Publisher: Carolina Academic Press
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In his second term, President Trump and his administration have flooded the zone with Executive Orders and agency actions that threaten First Amendment freedoms. Indeed, the current era may be the most consequential for the First Amendment since the McCarthy Era of the 1950s. The chaos of Trump 2.0 poses challenges for those seeking to understand the unique threats executive power can pose to freedoms of speech and press.
This book catalogs, organizes, analyzes, and draws lessons from the First Amendment controversies of Trump 2.0. The book uses Executive Orders, lower court decisions, pleadings, agency guidance letters, and other materials to examine how the Trump Administration's actions have affected First Amendment rights. Each chapter includes doctrinal synopses and problem exercises to facilitate discussion and learning. A unique aspect of the book is its focus on how law firms, universities, corporations, scientists, libraries, and others responded—in real time—to executive actions.
The book draws several lessons from the current era concerning the extent to which courts and First Amendment doctrines can preserve freedom of expression. Instructors can use the book to easily incorporate Trump 2.0 First Amendment conflicts into First Amendment courses. The book can be a standalone resource for seminar courses on the First Amendment and executive power.
Clinical instructors could also use the materials to demonstrate how to counsel clients targeted or regulated by government agencies. Although useful for teaching Trump 2.0, this book should be of interest to anyone who studies, prizes, or exercises First Amendment rights.
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