Clinic Files for Preliminary Injunction against Paid Truth API Service
The Media Freedom & Information Access Clinic at Yale Law School moved for a preliminary injunction that seeks to stop Truth API from providing early access to social media posts to those willing to pay Truth Social $100,000 per month. Along with co-counsel from Citizens for Responsibility & Ethics in Washington, the Public Integrity Project, and Altshuler Berzon LLP, the clinic represents The Intercept and Freedom of the Press Foundation in a lawsuit that challenges the platform’s Truth API service as unconstitutional.
Since returning to office, Trump has used his Truth Social account as his primary means of communicating with the public and making official announcements. Last month, the CEO of Truth Social’s parent company announced Truth API, a service that would provide investors early access to “market-moving” messages from the president and other officials on the platform for up to $100,000 per month. Truth API launched on Aug. 1 and has already reportedly signed up more than 10 customers.
The Intercept and Freedom of the Press Foundation filed a lawsuit in the U.S. District Court for the Southern District of New York on Aug. 12. According to the plaintiffs, the president’s plan violates the Constitution’s First and Fifth Amendments by giving unequal access to official government information to those who pay his private company.
The lawsuit also notes that Truth API is a money-making opportunity for Trump, with Trump owning the largest stake in Trump Media through The Donald J. Trump Revocable Trust, with shares collectively worth more than $1 billion. He is the sole beneficiary of the trust.
“Truth API is the work of a president who seems to be using his office to serve himself rather than the American people,” said Clinical Supervising Attorney Stacy Livingston. “It is anti-democratic and harmful to the free press. We are proud to represent our clients as they stand up to this latest attempt to monetize the presidency.”
“Trump doesn't get to charge people for his own public statements. The First Amendment doesn't have a paywall, and we're not going to let him build one,” said Annie Chabel, CEO of The Intercept. “Journalists and the public shouldn't have to pay the president for news he's constitutionally obligated to share with everyone.”
“The Trump administration is trying to keep government records hidden from the public, including by ignoring FOIA and the Presidential Records Act,” said Seth Stern, chief of advocacy at Freedom of the Press Foundation. “In the meantime, Trump is using his official statements on Truth Social as profiteering opportunities, charging seven figures per year for premium access. It’s a corrupt assault on the constitution that harms members of the press and public who don’t line the president’s pockets. That’s why we’re suing to stop it.”
The MFIA Clinic at Yale Law School is dedicated to increasing government transparency, defending the essential work of news gatherers, and protecting freedom of expression through impact litigation, direct legal services, and policy work.
