VIEW VIEWPOINT

Trump and First Amendment

Written by Kerby Anderson March 7 - 2016
One of the many proposals that Donald Trump has made on the campaign trail is to change the libel laws in America. He wants to make it easier for him to sue papers like the New York Times when editors or columnists write something about him that he believes is false. I can certainly understand why he and many other Americans would want to make it easier to sue reporters and columnists for libel. I can think back to many hurtful and inaccurate things that have been said about me or about ministries that are actually doing good things. I understand Trump’s desire to get back at those who throw insults and falsehoods while hiding behind the First Amendment. But let’s get back to reality. Libel law in America sets a high bar, and we should be grateful that it does. We may not like what bloggers, reporters, and editorial boards write. But we shouldn’t change the laws. For a comment or story to be libelous, it must meet a three-part test. It must be false, defamatory, and published with actual malice. Last month Kevin Williamson explained that Plaintiff Trump would have trouble proving libel in a court of law. Many of the things that Donald Trump claims are false are actually true and well documented. Truth is a good defense against libel. Many of the things written about Donald Trump are true, and he would never receive a judgment against a newspaper. The second test would also pose a problem. Defamation of character can be proved, but it is much more difficult when an individual is not someone of good character. Calling Donald Trump a serial adulterer or frequent liar would not be defamatory since that is what many Americans already believe about him and his actions. Donald Trump might want to change the laws, but most of us are grateful we have a First Amendment and libel laws that require a high burden of proof. Viewpoints by Kerby Anderson

Listen to this Viewpoint

Viewpoints

View All
Spy balloon
June 4, 2026
Kerby Anderson

Intelligence Gathering

Kerby AndersonOver the last month, we have been talking about China. When talking about China, we usually talk about its strengths and technological developments. But there is another side to intellig...

John adams quote our constitution was made
June 3, 2026
Kerby Anderson

Freedom’s Foundations

Kerby Anderson Freedom in this country depends upon three important foundations: morality, limits, and human rights. First, freedom depends on morality. John Adams observed, “Our constitution was made...

Hausers law in action 1946 2018
June 2, 2026
Kerby Anderson

Raise Tax Rates?

Kerby Anderson With estimates that the federal deficit will increase this year, we are once again hearing comments about making the “rich pay their fair share.” Even if we set aside the moral argument...

Take Action

View All
Support the Safeguarding Women from Chemical Abortion Act
April 15, 2026

Support the Safeguarding Women from Chemical Abortion Act

The abortion pill harms women and kills unborn children. Congress must act.

Support the SAVE Act
April 2, 2026

Support the SAVE Act

SAVE Election Integrity with Voter ID.

FACE Act Repeal Act of 2025
January 12, 2026

FACE Act Repeal Act of 2025

Pro-lifers have been abused under the FACE Act for long enough.

Contact Congress About the Prevent Government Shutdowns Act of 2025
October 15, 2025

Contact Congress About the Prevent Government Shutdowns Act of 2025

Congress needs to get the job done, not run away from work.