Beautiful Virgin Islands

Saturday, Feb 07, 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
Winklevoss-Led Gemini to Slash a Quarter of Jobs and Exit European and Australian Markets
UK Royal Family Faces Intensifying Strain as Epstein-Linked Revelations Rock the Institution
Political Censorship: French Prosecutors Raid Musk’s X Offices in Paris
AI Invented “Hot Springs” — Tourists Arrived and Were Shocked
Tech Mega-Donors Power Trump-Aligned Fundraising Surge to $429 Million Ahead of 2026 Midterms
UK Pharma Watchdog Rules Sanofi Breached Industry Code With RSV Vaccine Claims Against Pfizer
Melania Documentary Opens Modestly in UK with Mixed Global Box Office Performance
Starmer Arrives in Shanghai to Promote British Trade and Investment
Harry Styles, Anthony Joshua and Premier League Stars Among UK’s Top Taxpayers
New Epstein Files Include Images of Former Prince Andrew Kneeling Over Unidentified Woman
Starmer Urges Former Prince Andrew to Testify Before US Congress About Epstein Ties
Starmer Extends Invitation to Japan’s Prime Minister After Strategic Tokyo Talks
Skupski and Harrison Clinch Australian Open Men’s Doubles Title in Melbourne
China Lifts Sanctions on British MPs and Peers After Starmer Xi Talks in Beijing
AstraZeneca Announces £11bn China Investment After Scaling Back UK Expansion Plans
Starmer and Xi Forge Warming UK-China Ties in Beijing Amid Strategic Reset
Tesla Ends Model S and X Production and Sends $2 Billion to xAI as 2025 Revenue Declines
Starmer Seeks Economic Gains From China Visit While Navigating US Diplomatic Sensitivities
Starmer Says China Visit Will Deliver Economic Benefits as He Prepares to Meet Xi Jinping
UK Prime Minister Starmer Arrives in China to Bolster Trade and Warn Firms of Strategic Opportunities
The AI Hiring Doom Loop — Algorithmic Recruiting Filters Out Top Talent and Rewards Average or Fake Candidates
UK Banks Pledge £11 Billion Lending Package to Help Firms Expand Overseas
Suella Braverman Defects to Reform UK, Accusing Conservatives of Betrayal on Core Policies
Melania Trump Documentary Sees Limited Box Office Traction in UK Cinemas
UK’s Starmer and Trump Agree on Urgent Need to Bolster Arctic Security
Starmer Breaks Diplomatic Restraint With Firm Rebuke of Trump, Seizing Chance to Advocate for Europe
UK Finance Minister Reeves to Join Starmer on China Visit to Bolster Trade and Economic Ties
Prince Harry Says Sacrifices of NATO Forces in Afghanistan Deserve ‘Respect’ After Trump Remarks
Barron Trump Emerges as Key Remote Witness in UK Assault and Rape Trial
Trump Reverses Course and Criticises UK-Mauritius Chagos Islands Agreement
Elizabeth Hurley Tells UK Court of ‘Brutal’ Invasion of Privacy in Phone Hacking Case
UK Bond Yields Climb as Report Fuels Speculation Over Andy Burnham’s Return to Parliament
Prince William to Make Official Visit to Saudi Arabia in February
Prince Harry Breaks Down in London Court, Says UK Tabloids Have Made Meghan Markle’s Life ‘Absolute Misery’
Malin + Goetz UK Business Enters Administration, All Stores Close
EU and UK Reject Trump’s Greenland-Linked Tariff Threats and Pledge Unified Response
UK Deepfake Crackdown Puts Intense Pressure on Musk’s Grok AI After Surge in Non-Consensual Explicit Images
Prince Harry Becomes Emotional in London Court, Invokes Memory of Princess Diana in Testimony Against UK Tabloids
UK Inflation Rises Unexpectedly but Interest Rate Cuts Still Seen as Likely
Starmer Steps Back from Trump’s ‘Board of Peace’ Amid Strained US–UK Relations
Prince Harry’s Lawyer Tells UK Court Daily Mail Was Complicit in Unlawful Privacy Invasions
UK Government Approves China’s ‘Mega Embassy’ in London Amid Debate Over Security and Diplomacy
Trump Cites UK’s Chagos Islands Sovereignty Shift as Justification for Pursuing Greenland Acquisition
UK Government Weighs Australia-Style Social Media Ban for Under-Sixteens Amid Rising Concern Over Online Harm
Trump Aides Say U.S. Has Discussed Offering Asylum to British Jews Amid Growing Antisemitism Concerns
UK Seeks Diplomatic De-escalation with Trump Over Greenland Tariff Threat
Prince Harry Returns to London as High Court Trial Begins Over Alleged Illegal Tabloid Snooping
High-Speed Train Collision in Southern Spain Kills at Least Twenty-One and Injures Scores
Meghan Markle May Return to the U.K. This Summer as Security Review Advances
Trump’s Greenland Tariff Threat Sparks EU Response and Risks Deep Transatlantic Rift
×