President Trump’s threats amount to a First Amendment violation

[Commentary] Many have commented on the First Amendment implications if President Donald Trump were to actually go after NBC’s license (or really, the licenses of local affiliates since NBC itself doesn’t need a license) or the NFL’s tax status. But President Trump need not act on his threats for his actions to be considered a First Amendment violation. There’s a compelling argument Trump is in violation of Constitution right now—after he crossed the line from criticism of protected speech to openly threatening government action.

There’s plenty of case law on this subject from the Supreme Court to appeals courts around the country. Most recently, in a case in the Seventh Circuit called BackPage LLC vs. Thomas Dart, Sheriff of Cook County, Illinois, just-retired Judge Richard Posner articulated exactly why Trump may already be running afoul of the First Amendment merely through his threats.

[Trevor Timm is the executive director of Freedom of the Press Foundation]