Trump Scores Win On First Amendment Grounds In Case Over ‘Fake News’ Meme
A New York court recently dismissed a case against former President Donald Trump and famous social media personality CarpeDonktum over a meme attacking traditional media as “fake news” — in a First Amendment win for the former Republican chief executive.
New York Supreme Court Judge David Benjamin Cohen ruled that the meme in question which was retweeted by former President Trump and created by CarpeDonktum was “newsworthy” and “clearly satirical.”
The Hollywood Reporter described the video wherein Logan Cook — the real name of CarpeDonktum — found a video of a white toddler running after a black toddler then he stuck a headline that read “breaking news” over it. He then attached a caption that says “Terrified Todler [sic] Runs From Racist Baby” and “Racist Baby Probably A Trump Voter.”
“The video then fades to black, and reads, “What actually happened.” The toddlers run at each other and embrace. A new caption is then shown saying: “America is not the problem … fake news is. If you see something, say something. Only you can prevent fake news dumpster fires.”
Trump Scores Win On First Amendment Grounds In Case Over ‘Fake News’ Meme https://t.co/D1hVA4pczD pic.twitter.com/abVgRJHRC5
— The Daily Wire (@realDailyWire) July 14, 2021
Twitter then quickly tagged the clearly satirical meme with its infamous “manipulated video” label and the family of the toddlers shown in the meme later on filed a private suit against former President Trump and the meme-maker, Cook accusing them of “exploitation of the childrens’ image” — which they claim violates New York privacy and publicity rights law.
Reports said that the lawsuit also argued that both defendants committed “intentional and negligent infliction of emotional distress.”
Judge: Video in question “not actionable”
“Initially, as defendants assert, the video was newsworthy,” the New York judge wrote in his decision.
“To promote freedom of expression, the meaning of ‘newsworthiness’ has been broadly construed and includes ‘not only descriptions of actual events … but also articles concerning political happenings, social trends, or any subject of public interest,” Cohen added.
“It is common knowledge that one of the principal tactics of Trump’s presidential campaigns, as well as his presidency, was to incessantly attack the mainstream media as purveyors of ‘fake news,’ including his claim that the media exaggerates the extent of racial division in this country,” the judge added.
“Thus, the video’s references to ‘fake news’ and its depiction of race relations, however distorted, are clearly newsworthy.”
Judge Cohen went on to explain that “since the video is therefore a satire, albeit one which some may consider to be rather distasteful, this Court is constrained to find that it is not actionable.”
Nonetheless, Cohen did not agree with the request of former President Trump’s camp to have his legal fees paid for from the “frivolous” case — with the New York judge saying that the plaintiffs’ case had a “good faith basis” for their lawsuit and therefore “should not be penalized by the draconian language set forth in” the anti-SLAPP statute.
Last week, the former President announced that he will lead a class-action lawsuit against social media giants Facebook, Twitter and Google as well as their respective CEOs over censorship of conservatives after the three tech companies earlier banned him from their platforms which they argue is also in violation of Trump’s First Amendment rights.
.@AlanDersh says Trump's Big Tech battle will present a Constitutional paradox like nothing ever seen before.
"One of the most important First Amendment cases in my lifetime… I suspect that we're going to get this case to the U.S. Supreme Court." @seanspicer @mercedesschlapp pic.twitter.com/mBZVtt1UBm
— Newsmax (@newsmax) July 7, 2021
“We’re demanding an end to the shadow-banning, a stop to the silencing, and a stop to the blacklisting, banishing, and canceling that you know so well,” Trump said — calling the case “a very important game-changer for our country.”
Trump also called that these mostly-left leaning social media platforms be tagged as “state actors” who should be limited by “First Amendment restrictions on government limitations on free speech.”
The lawsuit also seeks to strike down Section 230 of the Communications Decency Act along with “unspecified punitive damages.” Trump said last week that this will be the first of “numerous” other cases aimed at holding big tech companies accountable for threatening “every citizen’s right to free speech.”
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