Beautiful Virgin Islands

Wednesday, Mar 04, 2026

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 Interest Rates Could Rise Above Four Percent Again if Energy Shock Continues, Think Tank Warns
Starmer Defends Britain’s Iran Strategy as Badenoch Urges Stronger Military Support
Labour MP Says She Saw No Sign Husband Broke Law After Arrest in China Espionage Investigation
UK Jobless Rate Overtakes Italy’s for First Time in Years as Labour Market Weakens
United Kingdom Suspends Student Visas for Four Countries in Unprecedented Immigration Move
Campaigners Warn UK Student Visa Ban Could Push Migrants Toward Dangerous Channel Crossings
First U.K. Charter Flight for Stranded Nationals Set to Depart Oman Amid Middle East Crisis
France and United Kingdom Deploy Warships to Eastern Mediterranean as Middle East Conflict Escalates
U.K. Arrests Three Men Including Lawmaker’s Partner in Suspected China Espionage Investigation
Trump Says UK–US ‘Special Relationship’ Is Diminished Amid Middle East Dispute
UK Economic Forecasts Face Fresh Strain from Middle East Conflict and Rising Energy Costs
UK Reaffirms Close US Ties After Trump’s Public Criticism
Reeves Stresses Stability and Fiscal Discipline in UK Budget Update as Growth Outlook Shifts
UK Deploys Royal Navy Destroyer HMS Dragon to Cyprus After Drone Strike on RAF Base
Green Party Surges Past Labour in New UK Poll as Traditional Party Support Crumbles
Majority of Britons Oppose U.S. Use of UK Military Bases in Iran Conflict
UK Intensifies Evacuation Efforts from Oman, Working with Airlines to Boost Flight Capacity
Trump Condemns UK and Spain in Unusually Sharp Rift Over Iran Military Action
Trump Repeats UK Claims That Diverge from Verified Facts Amid Diplomatic Strain
UK Arrests Prominent Figures Linked to Epstein Network as Questions Mount Over US Action
Trump Says UK ‘Took Far Too Long’ to Approve Use of Airbases for Iran Strikes
Scope of Britain’s Role in the Expanding Middle East Conflict Comes Under Scrutiny
Trump Says He Is ‘Very Disappointed’ in Starmer Over Iran Comments
U.S. Embassy in Riyadh Struck by Drones Amid Escalating Iran Conflict
Starmer Confronts Strategic Test After Drone Strike Near British Base in Cyprus
Rolls-Royce Chief Signals Openness to Germany Joining UK-Led Fighter Jet Programme
UK Stocks Slip as Escalating Iran Conflict Triggers Global Market Selloff
UK Overhauls Asylum System to Make Refugee Status Temporary
Starmer Warns of ‘Reckless’ Iranian Strikes Amid Escalating Regional Tensions
British Base in Cyprus Targeted as Drones Intercepted Amid Expanding Iran Conflict
Starmer Diverges from Trump on Iran Strategy, Rejects ‘Regime Change from the Skies’
Violent Pro-Iranian Protesters Storm U.S. Consulate in Karachi
Missile Debris Sparks Fires at Dubai’s Jebel Ali Port Near Palm Jumeirah
Iran Strikes U.S. Fifth Fleet Headquarters in Bahrain Amid Wider Gulf Retaliation
When the State Replaces the Parent: How Gender Policy Is Redefining Custody and Coercion
Bill Clinton Denies Knowing Woman in Hot Tub Photo During Closed-Door Epstein Deposition
Former U.S. President Bill Clinton Testifies on Ties to Jeffrey Epstein Before Congressional Oversight Committee
Dyson Reaches Settlement in Landmark UK Forced Labour Case
Barclays and Jefferies Shares Fall After UK Mortgage Lender Collapse Rekindles Credit Market Concerns
Play Exploring Donald Trump’s Rise to Power by ‘Lehman Trilogy’ Author to Premiere in the UK
Man Arrested After Churchill Statue Defaced in Central London
Keir Starmer Faces Political Setback as Labour Finishes Third in High-Profile By-Election
UK Assisted Dying Bill Set to Fall Short in Parliament as Regional Initiatives Gain Ground
UK Defence Ministry Clarifies Position After Reports of Imminent Helicopter Contract
Independent Left-Wing Plumber Secures Shock Victory as Greens Surge in UK By-Election
Reform UK Refers Alleged ‘Family Voting’ Incidents in By-Election to Police
United Kingdom Temporarily Withdraws Embassy Staff from Iran Amid Heightened Regional Tensions
UK Government Reaches Framework Agreement on Release of Mandelson Vetting Files
UK Police Contracts With Israeli Surveillance Firms Spark Debate Over Ethics and Oversight
Spain to Conduct Border Checks on Gibraltar Arrivals Under New Post-Brexit Framework
×