A federal lawsuit filed Wednesday accuses the Trump administration of violating the First Amendment by selling special advance access to Truth Social posts before they go public.
“This scheme is profoundly corrupt. The President stands to gain financially by giving market-moving government information to those who are willing and able to pay his personal company,” the complaint filed in the Southern District of New York says.
“The First Amendment guarantees equal access to the President’s public announcements, and even content-neutral burdens on that access must be narrowly tailored to serve a significant government interest,” it continued. “There is no legitimate interest, let alone a significant one, in permitting President Trump to profit from selling government information.”
The download screen for the Truth Social app is displayed on a laptop computer, March 20, 2024, in New York.
John Minchillo/AP
The suit was filed by the Freedom of the Press Foundation and the nonprofit digital news organization The Intercept, represented by the legal teams at CREW, Yale Law School, the Public Integrity Project and Altshuler Berzon LLC.
Truth Social’s parent company announced last month that a new service — Truth API — would provide early access to messages from the president and other officials on the platform for up to $100,000 per month. The company has reportedly signed up at least 10 customers.
At the same time, the Trump Justice Department has repeatedly argued in unrelated court cases over the past year that the president’s social media postings constitute official presidential statements to the public.
White House press secretary Karoline Leavitt also confirmed as much during a Feb. 18 press briefing: “When you see it on Truth Social, you know it’s directly from President Trump. That’s the beauty of this president in his transparency and — and relaying, uh, this administration’s policies to all of you and to the rest of the world.”
A DOJ website titled “Misuse of Position and Government Resources” states that a government employee “may not use his official position, including information learned by virtue of his position, for his personal benefit or for the benefit of others.”
The president owns a 41% stake in Truth Social’s parent company, Trump Media & Technology Group, which is held in a trust controlled by one of his sons, according to regulatory filings.
President Donald Trump speaks to members of the media after disembarking Air Force One at Joint Base Andrews, Maryland, August 11, 2026.
Kylie Cooper/Reuters
The White House did not immediately respond to ABC News’ request for comment on the new lawsuit or its claims that Trump is profiting off his office and official statements.
Public Integrity Project CEO Brendan Ballou said in a statement,“President Trump’s attempt to monetize his public statements is about as blatant as a constitutional violation can get. The president’s public statements are for the public, not a wealthy few. Our democracy depends on upholding the Constitution and enjoining Trump’s corrupt scheme.”
Democrats have criticized Trump for allegedly using his company to profit from the presidency. In a letter last month, Sens. Elizabeth Warren and Adam Schiff called on the Securities and Exchange Commission to investigate whether TMTG is violating securities laws.
“This appears to be an outrageous abuse of the President’s office for his personal benefit that undermines everyday investors and the integrity of our markets, while enriching Wall Street and other wealthy insiders,” they wrote.
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