The specter of a president who has made no secret of his hostility to the media trying to silence the porn star also raises constitutional concerns. Now that Trump is president, the existence of an extramarital relationship becomes a matter of public concern, according to C.J. Peters, dean of the University of Akron School of Law.

“A judicial ‘gag order’ against Ms. Daniels or CBS would constitute a ‘prior restraint’ of speech, which under First Amendment doctrine is almost never permissible,” Peters said.