Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Administration Action | Why does this violate the Constitution? | Notes |
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Signed an executive order that suspends the security clearance of employees of specific law firms and prohibits them from entering government buildings, getting government jobs, or receiving government contracts. | These law firms were targeted because of their or their employees' previous work in cases opposed to President Trump or in support of his political rivals. The government cannot punish someone for their legal political work. This is a violation of the Constitution’s right to free expression and due process. | This comes after the president signed an executive order to “end forever the weaponization of government.” Other examples include his attacks on Covington and Burling, Perkins Coie, Paul Weiss, Jenner & Block, Wilmer Hale, and Susman Godfrey. In one case, a judge hearing the court challenge described the executive order as “a circumstance [that] threatens the very foundation of our legal system,” while over 500 law firms and 300 former judges filed legal briefs condemning the president’s order. |
Sent ultimatums to private colleges and universities to make broad changes to their curriculum, staff and student body regulations, and cede control of their departments to the federal government. | The Supreme Court has long held that academic freedom is an extension of the First Amendment, and pressuring a school to accept government control for political purposes violates the school’s right to set its own academic standards. | Click here for examples |
The White House blocked the Associated Press from attending Oval Office and Air Force One press events because the outlet advised its journalists to retain the usage of “The Gulf of Mexico” rather than the president’s preferred “Gulf of America.” | The government cannot force an individual or group to use specific words. | A federal judge ruled that punishing the AP for their policy represents a violation of free speech, but the White House again blocked the Associated Press from covering its events. |
A legal permanent resident for 10 years was arrested during his interview to finalize his U.S. citizenship and a month before he was set to graduate from college. | He was arrested for participating in protests over U.S. policy, a protected freedom under the first amendment. The judge overseeing the case released the man on the grounds that “Even if he were a firebrand, his conduct is protected by the First Amendment.” | |
Suspended federal funding to PBS and NPR for what he claims is “partisan news coverage.” The funding cuts will likely cause local stations across the country to be shut down. | These are government-sponsored, non-partisan public media organizations with coverage that the president does not like. He is punishing them for their reporting in a clear violation of their constitutional rights. | This occurred roughly at the same time as the White House launching its own news-style website that publishes exclusively positive coverage of the president. |
The President signed a memorandum ordering the investigation of a former Department of Homeland Security employee who, during Trump’s first term, wrote an op-ed that was damaging to the president. | The statements did not expose international secrets, merely criticized the president, but Trump has described the former employee as “treasonous.” This is a clear attempt to silence dissent by the president himself. | |
Employees of the U.S. Agency for International Development have been placed under investigation after speaking to the press about their termination notices. | While federal employees are not allowed to speak to the press without permission, these interviews were conducted after they were told that their jobs had been suspended but before that suspension was delayed. Many see it as an intimidation tactic to silence further negative news about the administration. |