Let’s say the Supreme Court overrules several of its past First Amendment rulings, stripping away strong protections for free speech and a free press.
It would be open season for Trump to be sued for his inflammatory tweets.
Trump might have even lost the $4-million libel lawsuit filed against him by political consultant, Cheri Jacobus, after Trump tweeted that Jacobus “begged” for a job for the Trump campaign, has “zero credibility,” and is a “major loser.”
The New York judge in that case dismissed the lawsuit against Trump in January, ruling that Trump’s tweets from his personal account are protected by the First Amendment as non-factual hyperbole. Jacobus is appealing the dismissal.
The judge explained that Trump’s tweets are not given “serious consideration” as factual reports because Trump’s tweets were “rife with vague and simplistic insults such as ‘loser’ or ‘total loser’ or ‘totally biased loser,’ ‘dummy’ or ‘dope’ or ‘dumb,’ ‘zero/no credibility,’ ‘crazy’ or ‘wacko’ and ‘disaster.’” (PDF)