Beautiful Virgin Islands

Tuesday, Nov 18, 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

Beautiful Virgin Islands
0:00
0:00
Close
UK Unveils Sweeping Asylum Reforms with 20-Year Settlement Wait and Conditional Status
UK Orders Twitter Hacker to Repay £4.1 Million Following 2020 High-Profile Breach
Popeyes UK Eyes Century Mark as Fried-Chicken Chain Accelerates Roll-out
Two-thirds of UK nurses report working while unwell amid staffing crisis
Britain to Reform Human-Rights Laws in Sweeping Asylum Policy Overhaul
Nearly Half of Job Losses Under Labour Government Affect UK Youth
UK Chancellor Reeves Eyes High-Value Home Levy in Budget to Raise Tens of Billions
UK Urges Poland to Choose Swedish Submarines in Multi-Billion € Defence Bid
US Border Czar Tom Homan Declares UK No Longer a ‘Friend’ Amid Intelligence Rift
UK Announces Reversal of Income Tax Hike Plans Ahead of Budget
Starmer Faces Mounting Turmoil as Leaked Briefings Ignite Leadership Plot Rumours
UK Commentator Sami Hamdi Returns Home After US Visa Revocation and Detention
UK Eyes Denmark-Style Asylum Rules in Major Migration Shift
UK Signals Intelligence Freeze Amid US Maritime Drug-Strike Campaign
TikTok Awards UK & Ireland 2025 Celebrates Top Creators Including Max Klymenko as Creator of the Year
UK Growth Nearly Stalls at 0.1% in Q3 as Cyberattack Halts Car Production
Apple Denied Permission to Appeal UK App Store Ruling, Faces Over £1bn Liability
UK Chooses Wylfa for First Small Modular Reactors, Drawing Sharp U.S. Objection
Starmer Faces Growing Labour Backlash as Briefing Sparks Authority Crisis
Reform UK Withdraws from BBC Documentary Amid Legal Storm Over Trump Speech Edit
UK Prime Minister Attempts to Reassert Authority Amid Internal Labour Leadership Drama
UK Upholds Firm Rules on Stablecoins to Shield Financial System
Brussels Divided as UK-EU Reset Stalls Over Budget Access
Prince Harry’s Remembrance Day Essay Expresses Strong Regret at Leaving Britain
UK Unemployment Hits 5% as Wage Growth Slows, Paving Way for Bank of England Rate Cut
Starmer Warns of Resurgent Racism in UK Politics as He Vows Child-Poverty Reforms
UK Grocery Inflation Slows to 4.7% as Supermarkets Launch Pre-Christmas Promotions
UK Government Backs the BBC amid Editing Scandal and Trump Threat of Legal Action
UK Assessment Mis-Estimated Fallout From Palestine Action Ban, Records Reveal
UK Halts Intelligence Sharing with US Amid Lethal Boat-Strike Concerns
King Charles III Leads Britain in Remembrance Sunday Tribute to War Dead
UK Retail Sales Growth Slows as Households Hold Back Ahead of Black Friday and Budget
Shell Pulls Out of Two UK Floating Wind Projects Amid Renewables Retreat
Viagogo Hit With £15 Million Tax Bill After HMRC Transfer-Pricing Inquiry
Jaguar Land Rover Cyberattack Pinches UK GDP, Bank of England Says
UK and Germany Sound Alarm on Russian-Satellite Threat to Critical Infrastructure
Former Prince Andrew Faces U.S. Congressional Request for Testimony Amid Brexit of Royal Title
BBC Director-General Tim Davie and News CEO Deborah Turness Resign Amid Editing Controversy
Tom Cruise Arrives by Helicopter at UK Scientology Fundraiser Amid Local Protests
Prince Andrew and Sarah Ferguson Face Fresh UK Probes Amid Royal Fallout
Mothers Link Teen Suicides to AI Chatbots in Growing Legal Battle
UK Government to Mirror Denmark’s Tough Immigration Framework in Major Policy Shift
UK Government Turns to Denmark-Style Immigration Reforms to Overhaul Border Rules
UK Chancellor Warned Against Cutting Insulation Funding as Budget Looms
UK Tenant Complaints Hit Record Levels as Rental Sector Faces Mounting Pressure
Apple to Pay Google About One Billion Dollars Annually for Gemini AI to Power Next-Generation Siri
UK Signals Major Shift as Nuclear Arms Race Looms
BBC’s « Celebrity Traitors UK » Finale Breaks Records with 11.1 Million Viewers
UK Spy Case Collapse Highlights Implications for UK-Taiwan Strategic Alignment
On the Road to the Oscars? Meghan Markle to Star in a New Film
×