Arab Press

بالشعب و للشعب
Saturday, Feb 22, 2025

Trump's $49 million lawsuit threatens free speech, could 'chill open discourse,' attorneys for Bob Woodward argue

Trump's $49 million lawsuit threatens free speech, could 'chill open discourse,' attorneys for Bob Woodward argue

Trump sued Woodward in January, claiming ownership over recordings of interviews he participated in.
A victory for Donald Trump in federal court would be a blow against freedom, encouraging powerful politicians and others to use the guise of copyright to censor their critics and a"chill open discourse," lawyers for journalist Bob Woodward argued Monday as part of a legal battle over who owns the words that came out of the former president's mouth while he was in office.

In January, Trump sued the legendary reporter for The Washington Post in a Florida federal court after he published audio recordings of interviews he had conducted with the former president, dubbed "The Trump Tapes."

An attorney for Trump, who is seeking more than $49 million, argued that the publication violated an alleged verbal contract that Woodward had made to only use the interviews for one, written book, "Rage," published on the eve of the 2020 election — and that Trump, as the subject of the interviews, was in fact the rightful owner of the copyright over the recordings and thus entitled to at least half the proceeds.

Legal experts previously told Insider that Trump was unlikely to win the case, arguing that, above all, courts would be hesitant to establish a thorny precedent that could grant politicians legal ownership over comments they made while in office (and the ensuing right to block their publication). Some speculated that the lawsuit was filed, primarily, as a means of demonstrating Trump's annoyance over embarrassing material being made public — and lending it the veneer of legitimacy. As one publishing industry lawyer said of the former president's legal action: "It's a press release designed as a complaint."

Attorneys for Woodward, his publisher, Simon & Shuster, and parent company Paramount say the case should just be thrown out.

In a motion to dismiss, filed Monday, lawyers for the defendants note that the former president never filed his own copyright registration for the works in question. And, they argue, it would not even matter if he did because government employees simply cannot claim ownership of things they said to a journalist while in public office.

The alternative — upholding a politician's ownership claim over a journalist's interviews — would threaten the right to free speech, the attorneys state.

"Such a regime would give President Trump and other public officials interviewed by the press the right to sue over any critical or unwelcome use of their statements," the attorneys wrote in another filing laying out the legal case behind their motion to dismiss. "Copyright equates to legal control over expression and requiring journalists to negotiate authorship rights away from interviewees, particularly public officials, would invite contractual censorship of criticism and chill open discourse."

The question is not an abstract one, either, coming just as Trump has been indicted on multiple felony counts in Manhattan.

"Any decision granting President Trump private ownership of his statements to the press as President would stymie discussion of his place in American history and contradict the long tradition of opening up a President's words to public scrutiny," the attorneys argue.

Lawyers for Woodward and his publisher are also seeking to have the case dismissed on the grounds that Trump filed it in an improper venue, arguing that it should be heard instead — if at all — in Washington, DC, where many of the interviews were conducted.

An attorney for Trump, Robert Garson, accused the defendants of disguising a cash grab behind rhetoric about the public good. The former president, he maintained, has a right to own his responses in the Woodward interviews, but was unable to file a copyright claim himself because he didn't have his own copies of the recordings.

But Garson conceded that the case is not a typical copyright dispute, given the parties, and that the law is in some respects murky when it comes to public figures and intellectual property.

"The one thing you can say is this case, like many others with Trump, is a first," Garson told Insider. "It's going to be an interesting one, that's for sure."
Newsletter

Related Articles

Arab Press
0:00
0:00
Close
The negotiation teams of Trump and Putin meet directly, establishing the groundwork for a significant advance.
Israeli Minister Urges Hamas to Surrender and Depart from Gaza.
Iran Considers Moving Its Capital Due to Urban Difficulties
Israel and Hamas Finalize Sixth Exchange of Hostages and Prisoners During Continuing Gaza Ceasefire
Leaders of BRICS to Gather in Rio de Janeiro for July Summit
Muhsin Hendricks, a trailblazing openly gay imam, was killed in South Africa.
Trump's special envoy for hostage affairs cautions Hamas against challenging Trump before Saturday's deadline.
Two British citizens apprehended in Iran amid escalating tensions.
Israel Issues Threat of Military Action as Hostage Negotiations with Hamas Continue
Hamas Coordinates Worldwide Solidarity Marches in Reaction to U.S. and Israeli Initiative
Israel Warns of Ending Gaza Ceasefire Due to Hostage Situation
King Abdullah II Dismisses US Proposal to Relocate Palestinians, Commits to Welcoming Gaza Children.
Lebanon Installs New Government with Hezbollah's Impact on Key Ministries
Report: Iran Attempted to Assassinate Trump During Election Campaign
U.S. Authorizes $7.4 Billion Arms Sale to Israel
Iran's Supreme Leader Rejects Nuclear Negotiations with the U.S.
UN Chief Denounces Trump's Gaza Plan, Cautions Against Ethnic Cleansing
Pressure Intensifies for a Free Trade Agreement between the UK and GCC in Light of Economic Difficulties
Israel to Withdraw from UN Human Rights Council Due to Accusations of Anti-Semitism
EU Reaffirms Gaza's Essential Role in Future Palestinian State Following Trump's Proposal
Iranian Currency Reaches All-Time Low Amid US 'Maximum Pressure' Initiative.
UN Reaffirms Ban on Deportation from Occupied Territories Amid US Gaza Proposal
Palestinians Fear Repeat of 'Nakba' Amid Ongoing Crisis in Gaza
UAE Aids in the Exchange of 300 Prisoners Between Russia and Ukraine
Egypt Seeks Global Backing for Two-State Solution Following US Proposal for Gaza Plan
Trump's Suggestion to 'Seize Control' of Gaza Represents a Significant Shift in US Policy
French President is the first EU leader to extend congratulations to the new Syrian President.
Tunisian President Appoints New Finance Minister Amid Economic Crisis
Trump Suggests U.S. 'Takeover' of Gaza, Prompting Global Worries
Trump's Proposal for Gaza Provokes Global Debate
President Trump Suggests Moving Gaza's Palestinian Population
Aga Khan IV, Spiritual Leader and Philanthropist, Dies at 88
Erdogan and Syria's Sharaa Talk About Collaboration to Counter Kurdish Militants
Trump Suggests U.S. Control of Gaza Strip Amid Ongoing Conflict
Trump Resumes 'Maximum Pressure' Strategy to Limit Iran's Oil Exports.
Ex-British Soldier Sentenced for Espionage on Behalf of Iran and Fleeing from Prison
Gazans in Egypt Reject Displacement, Struggle with Return to War-Torn Home
Queen Rania Urges Protection of Children’s Rights at Vatican Summit
Hamas Officials Ready to Begin Negotiations for Phase Two of Gaza Truce
Trump Expresses Caution Over Gaza Ceasefire as Netanyahu Visits Washington
Oman to Host 18th Indian Ocean Conference on Maritime Security and Trade
Emir of Kuwait Meets BlackRock CEO for Talks on Investment Opportunities
Queen Rania of Jordan Calls for Global Action on Children’s Rights at Vatican Summit
Egyptian President El-Sisi Invited for White House Meeting Following Jordanian King’s Visit
Queen Rania Calls for Protection of Children’s Rights at Vatican Summit
Israeli Military Operations Continue on Lebanon Border Amid Ceasefire Tensions
Israeli Hostage's Release Highlights Uncertainty Over Family's Fate
Israeli Military Operations Escalate in Southern Lebanon Amid Hezbollah Tensions
Zayed Award for Human Fraternity Announces 2025 Honorees
Kuwait Anticipates a 12% Increase in Budget Deficit for the 2025-2026 Fiscal Year
×