How the First Amendment Applies to Trump’s Presidency

One of the strangest sentences in American law comes from Justice Lewis F. Powell, Jr. “Under the First Amendment,” he wrote, in 1974, “there is no such thing as a false idea.” That is not a decree that the world brims with truth. He meant that we rely on the marketplace of ideas, rather than on judges and juries, to sort out truth from falsehood—and to continually check our understanding of the truth. The Justice was restating the central tenet embraced in New York Times v. Sullivan, in 1964, the Supreme Court’s most important decision about freedom of speech and of the press. The Court extended the scope of the First Amendment to libel law and held that, even if a citizen stated or a newspaper published criticism about a public official that was incorrect, that mistake could be punished as libel only if the critic knew or suspected that the criticism was false. In 1967, the Court applied this rule to public figures as well.