Trump and Free Speech: What Most People Get Wrong

Everyone has an opinion on Donald Trump. But when you get into the weeds of Trump and free speech, things get messy fast. One side calls him a First Amendment savior; the other says he’s the biggest threat to the press since the Sedition Act. Honestly, both sides usually miss the nuance of how the law actually works.

It’s January 2026. We’ve had a full year of the second term to see how the rhetoric matches the reality.

If you’ve been following the headlines, you know the administration hit the ground running with a massive executive order on day one. It was called "Restoring Freedom of Speech and Ending Federal Censorship." The vibe? Stop the government from "jawboning" social media companies. Basically, the White House told federal agencies they can't pressure platforms to take down posts anymore.

But here is the kicker. While the administration is busy "ending censorship" on one front, it’s getting sued for "retaliatory censorship" on others. It's a bit of a legal whiplash.

The "Anti-Censorship" Order of 2025

Let’s talk about that January 20, 2025, executive order. It was a direct response to the Murthy v. Missouri drama from a few years back. The goal was to prevent what the administration calls "collusion" between Big Tech and the deep state.

Under this policy, federal employees are strictly forbidden from using their positions to "moderate, deplatform, or otherwise suppress" protected speech. Sounds great on paper, right? Who wants the FBI telling Twitter what’s true or false?

But the reality is kinda complicated. Legal experts like Gene Policinski from the Freedom Forum have pointed out that while the order stops one kind of government influence, it might be opening the door for another. For instance, the FCC—now led by Brendan Carr—has been very vocal about investigating broadcasters who they claim aren't serving the "public interest."

To some, that looks like "accountability." To others, it looks like using a different lever to pressure the media.

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The FCC and the 60 Minutes Controversy

Remember the whole 60 Minutes editing dust-up during the campaign? That didn't just go away. The administration has kept the pressure on CBS. They aren't just tweeting about it anymore; they are looking at the legal framework of broadcast licenses.

It’s a massive shift in how we think about Trump and free speech. Usually, the First Amendment protects the press from the government. Now, the government argues it is protecting the people from a "biased" press.

The Supreme Court’s Busy 2025-2026 Term

If you think the White House is where the action is, look at the Supreme Court. They have been working overtime.

In the last year, the court has been a bit of a mixed bag for the Trump administration. They’ve sided with the White House on things like "nationwide injunctions"—basically making it harder for a single judge in Hawaii or Texas to stop a federal policy.

But they’ve also had to deal with some heavy First Amendment cases:

1. Conversion Therapy Bans: The Court is currently deciding if states can stop therapists from practicing "conversion therapy." This is a huge speech case. The administration’s DOJ has weighed in on the side of the therapists, arguing that "professional speech" is still protected speech.
2. The Donor Privacy Fight: First Choice Women’s Resource Centers Inc. v. Platkin. This one is about whether the government can force groups to hand over their donor lists. The Trump camp sees this as a "chilling effect" on free speech for conservatives.
3. Campus Speech and Federal Funding: This is where it gets really heated. The administration has started pulling federal research grants from universities that they say are "indoctrinating" students or suppressing conservative voices.

The Conflict on College Campuses

You've probably seen the videos. Protests, counter-protests, and a lot of shouting. The administration’s stance on campus speech is arguably the most controversial part of the Trump and free speech saga.

On one hand, the President says he wants to protect the right of conservative speakers to be heard without being "shouted down." On the other hand, the administration has been very aggressive toward pro-Palestinian protesters.

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Last year, the ACLU raised the alarm when the administration suggested that certain types of protests could lead to a loss of federal funding or even deportation for non-citizens. Critics call this "viewpoint discrimination." They say you can't be "pro-free speech" only when you like what's being said.

The DEI Ban and Research Freezes

Then there’s the war on "forbidden words." The administration issued an order forbidding federal funding for programs that include "diversity, equity, and inclusion" (DEI) metrics.

This led to a freeze on a bunch of research grants. The American Association of University Professors (AAUP) actually sued over this and won an injunction in late 2025. A federal judge basically said, "You can't tell a scientist what words they can use in their research papers." It's a classic First Amendment standoff.

Social Media: The New Public Square?

We can't talk about Trump and free speech without talking about social media. The administration is still pushing for the repeal or reform of Section 230.

For those who aren't tech nerds, Section 230 is the law that says websites aren't responsible for what users post. Trump has long argued this allows platforms to censor conservatives with impunity.

The TikTok Situation

Interestingly, the administration’s take on TikTok has been a bit of a rollercoaster. After the 2024 ban was signed by the previous administration, the Trump team has navigated a weird middle ground—wanting to protect "American data" while also being wary of "government censorship" of a platform used by millions.

It’s a paradox. How do you protect speech while also labeling a platform a national security threat?

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What This Means for You

So, what's the bottom line?

If you are a content creator, a journalist, or just someone who likes to argue on the internet, the landscape is shifting. We are moving away from a period where "misinformation" was the primary target of government concern. Now, the focus is on "censorship" and "viewpoint neutrality."

But there’s a catch.

When the government gets into the business of "enforcing" free speech, it often ends up infringing on it in other ways. If the government tells a private company they must host a certain kind of speech, is that a violation of the company's First Amendment rights? The Supreme Court’s NetChoice ruling says yes—mostly.

Key Takeaways for Navigating 2026

• Watch the Courts, Not the Tweets: Policies are being made in federal courtrooms, not just on Truth Social. The Trump v. CASA ruling and other "emergency docket" cases are defining the limits of executive power.
• Understand "Jawboning": This is the new buzzword. It refers to the government using "soft power" or threats to get private companies to do their bidding.
• Higher Education is the Front Line: If you’re a student or educator, the rules for what you can say (and what your school can fund) are in a state of flux.

Actionable Steps

If you want to stay informed or protect your own speech rights in this era, here’s what you should actually do:

1. Read the primary sources: Don't just take a pundit's word for it. Read the "Restoring Freedom of Speech" executive order yourself. It’s surprisingly readable.
2. Support non-partisan watchdogs: Groups like FIRE (Foundation for Individual Rights and Expression) represent everyone from far-left protesters to far-right speakers. They are the most reliable source for seeing who is actually winning the legal battles.
3. Diversify your platforms: If you're worried about deplatforming—from either the "left" or the "right"—don't put all your eggs in one basket. Own your audience through email lists or independent sites.
4. Monitor local legislation: A lot of the speech battles regarding K-12 schools and libraries are happening at the state level (like in Florida and Texas), often emboldened by the federal administration’s rhetoric.

The relationship between Trump and free speech isn't a simple "good vs. bad" story. It's a fundamental reorganization of how the First Amendment is applied in the digital age. Whether you think it’s a restoration of rights or a weaponization of the law, one thing is certain: the rules of the public square are being rewritten in real-time.