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In Defense of the Fourth Estate, A Landmark First Amendment Lawsuit Against President Trump Will Proceed

Il quarto stato (1901): a march of strikers in Turin, Italy / Public Domain

The term Fourth Estate or fourth power refers to the press and news media both in explicit capacity of advocacy and implicit ability to frame political issues. Though it is not formally recognized as a part of a political system, it wields significant indirect social influence.

The derivation of the term fourth estate arises from the traditional European concept of the three estates of the realm: the clergy, the nobility, and the commoners. The equivalent term “fourth power” is somewhat uncommon in English, but it is used in many European languages, including German (Vierte Gewalt), Spanish (Cuarto poder), and French (Quatrième pouvoir), to refer to a government’s separation of powers into legislative, executive, and judicial branches.

Today a federal court ruled against President Trump in a lawsuit that claims he has used government power to retaliate against media coverage and reporters he dislikes in violation of the First Amendment. Specifically, the court denied a government motion to dismiss the case and will allow it to go forward on allegations that President Trump has retaliated against the White House press corps and certain holders of security clearances who work as media commentators based on their First Amendment-protected speech.

PEN America, with counsel Protect Democracy, the Yale Law School Media Freedom of Information & Access Clinic, and Davis Wright Tremaine, filed the landmark lawsuit to stop President Trump’s campaign of censorship against the press. The U.S. District Court for the Southern District of New York rejected the president’s bid to dismiss the case, allowing it to proceed to the discovery phase.

Susan Nossel courtesy of PEN America Center under  CC BY-SA 4.0 license

SUZANNE NOSSEL, CEO of PEN AMERICA, the plaintiff in the case, issued the following statement:

“It’s hard to think of a moment in American history in which unvarnished, accurate news reporting has mattered more than it does now. This decision is a victory not just for PEN America and our own writers, but also for the journalists and media outlets doing the vital, risky work of keeping us all informed.  But above all, it is a win for all individuals who depend on a free press to dig out the facts and hold leadership accountable without fear of reprisal.  We sued the president because we believe the First Amendment prohibits him from retaliating against speech he dislikes. We are grateful that this essential suit can move forward, vindicating the rights of all those who rely on a free press.”  
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JENNIFER EGAN, PRESIDENT of PEN AMERICA, issued the following statement:“PEN America is profoundly grateful for the court’s timely decision. Though we filed our lawsuit more than a year ago, the Trump administration’s punitive stance toward the press has continued unabated, with corrosive results for truth, fact, our democracy, and—most recently—public health.”

KRISTY PARKER, COUNSEL for PROTECT DEMOCRACY, one of the organizations representing PEN America in the lawsuit, issued the following statement:

“The president can take to Twitter to complain all he wants about media coverage, but he abuses his power and violates the Constitution when he uses his office to punish members of the media. This is not North Korea—we don’t allow our politicians to control what the press says or punish the media for coverage that Dear Leader doesn’t like. Just the opposite—we rely on the media to hold the powerful accountable to the people. It’s important for all Americans that the press can do their jobs freely.”

The lawsuit was filed by Protect Democracy and co-counsel on behalf of PEN America, a leading organization of writers and literary professionals. The lawsuit claims that President Trump has violated the First Amendment rights of PEN America and its members through his threats to use—and actual use of—government power to punish the speech of those he perceives as critics in the media.

The plaintiffs argued that under the First Amendment’s protection for freedom of speech, President Trump can express his own views and criticize journalists and media organizations, but he cannot issue credible threats or deploy government power to retaliate against the media for its coverage. As laid out in the complaint, the president has in at least five situations used or threatened to use the regulatory and enforcement powers of government to punish the speech of journalists. He has:

  • Initiated a government review to raise postal rates to punish the owner of the Washington Post;
  • Directed DOJ enforcement actions against media companies, including CNN’s parent company Time Warner;
  • Interfered with White House press access;
  • Threatened to revoke broadcast licenses; and
  • Revoked the White House press credentials and security clearances of media commentators.

The court granted the government’s motion to dismiss on claims related to the first four situations, finding that the plaintiffs lack standing to sue, but allowed the case to go forward on the claims related to press credentials and security clearances. The plaintiffs are asking the court to issue a declaratory judgment—a ruling that the president’s use of government power to punish the press violates the First Amendment. A ruling in favor of the plaintiffs could have far-reaching consequences for a president who has made a habit of retaliating against his media critics, and for future presidents who might seek to escalate attacks on the press.

The government had argued that the plaintiffs lacked standing to sue and failed to state a legal claim. Today’s ruling held that the plaintiffs can pursue claims for declaratory relief based on allegations of retaliation against the White House press corps and holders of security clearances.

The case will now move into discovery, where plaintiffs will be able to obtain documents from the government to substantiate its claims that President Trump has sought to use the regulatory state to punish media he does not like.

Read more about the case HERE.

*****

This post is courtesy of Wikipedia and PEN America.

PEN America stands at the intersection of literature and human rights to protect open expression in the United States and worldwide. It champions the freedom to write, recognizing the power of the word to transform the world. Itsmission is to unite writers and their allies to celebrate creative expression and defend the liberties that make it possible.

Jamie Dedes:

Your donation HERE helps to fund the ongoing mission of The Poet by Day in support of poets and writers, freedom of artistic expression, and human rights.

Poetry rocks the world!

FEEL THE BERN

For Peace, Sustainability, Social Justice

The Poet by Day officially endorses Bernie Sanders for President.

The New New Deal

Link HERE for Bernie’s schedule of events around the country.

“Democracy is not a spectator sport.” Bernie Sanders

“Every pair of eyes facing you has probably experienced something you could not endure.”  Lucille Clifton

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Iron Wind, a poem by Mbizo Chirasha

Medico Della Peste – “plague doctor’s” mask – Beak doctor mask; Traditional Venetian Carnavale masks, including the “plague doctor’s” mask, in the window of the Ca’ del Sol mask shop in the Sestiere di Castello. Courtesy of Tracy under CC BY 2.0

“If we survive, we may have to analyze our engagement with dark matters that
that put life at risk. If we don’t, we are to blame for our end.
For now, let’s keep hygienic, keep to ourselves, bury our Dead, care for the
dying and think of how we have arrived at where we are.” Mbizo Chirasha

Editor’s Note:  This is Mbizo’s response to the last Wednesday Writing Prompt.  The rest of the poems will be published tomorrow (Tuesday) as usual. Posting his poem on its own allows me to remind everyone that we still seek safe harbor for Mbizo in his exile from Zimbabwe.  If you can help with donations toward meeting immediate needs or with leads to possible host families, please let me know at bardogroup@gmail.com.  Thank you! / J.D.

The world has known divisions for as long as history can remember. From
strength that overrides others to the weakness that attracts marauding gangs
of men of ambition and cunning. Adventure has led some into what they
termed “discoveries” of Rivers and their sources, of Mountains high and
majestic, and a people so different in their cultural environments, that to
the eye of a visitor, they appeared other worldly.

The world has never run short of divisive tools and terms to keep one for
each. From the irony of heights and weights, to the delight’s and
indecency of dark humor based on foods and drinks and a people’s culture.
GOD and god’s have their roles and stamps on a people’s interpretations,
raging from waging wars to convert and dominate, to whole sale massacres
because others beliefs were less acceptable to a deity followed by a
muscular power. In the name of many known Faiths , man has suffered
immensely and continue to suffer even under the full glare of a world that
is so connected, that nothing escapes the owl eyed social Media/internet
never sleeping eyes.

If it’s not belief it’s something else that pits one man to another. Color
has played the worst card in segregation of humanity. Regimes are known to
have come up with a cultic panacea of annihilating all who were less than
their proscribed hue, height and eye color in a so called super race.

Commerce has not particularly done well to hide i’s dismal take on the
lesser endowed in terms of what the world considers GDP….Countries are
graded into first, second and third world. Countries comprise individual
human beings. Once categorized in numerical terms, they cease to have a
human quality and adopt a statistical stature.

Dehumanizing poverty by demonizing it and those suffering
the “pauper malady”. Terms like ” those who survive under
a dollar a day. A people labelled by lack. Another labelled by luck.

Divisions.

Then came weaponry and sophistication. Guns and canned Carnage. Bombs
as heroism spoke to the Sky over Nagasaki and Hiroshima. More divisions
follow. Giants with cold threats lying under silos of frozen homes awaiting
disagreements. What a time of it the world had! But like all eras, this too
came to an end with trumpets of fragmentation scattering the deadly
embers of stored caches of annihilation finding its ways into eager
markets of rogue juvenile quarters ready to tussle for positions of
“global respect” through “fire power”

Ideology made no sense. Religion was cowed. No one was immune to the future
that loomed on the human collective heads as each goon state thumped it’s
nukes chest.

How times change!

A new baby was born in the East. A baby with an attitude like a thief.
Escaping its parents unloving gloved hands, it flew first into the
neighborhood, dropping its ghastly feaces on the heads of its makers kin.
Death. Sinister death. The wind took the birdling over the boarder, across
the oceans on the comforts of cruise ships. And luxury living became a
nightmare. Right now, quarantine is not for rabid dogs or leppers in their
colonies.

It’s what no longer divides that divides us. What irony! We are faced by an
enemy of our own intellect taken over concious. Our own intelligence
exceeding common sense. Our own genius gone insane.
In it all, regardless of mitigation measures,one thing speaks a human
language. It’s no longer about class, color or Creed. it’s not even about
ideology or theology. It’s about being careful to survive the monster we
have made. And the world suddenly speaks “humanese”

How I wish we didn’t have to face such an ugly and tragic catastrophe to
bring us to the realization of the folly of excessive greed in pursuit of
glory and power over others.

If we survive, we may have to analyze our engagement with dark matters that
that put life at risk. If we don’t, we are to blame for our end.
For now, let’s keep hygienic, keep to ourselves, bury our Dead, care for the
dying and think of how we have arrived at where we are.

While at it, let’s pray. For regardless of our form of worship, days of
worship, mode of worship and the dress code in worship, we all pray to a
Higher power. He may yet hear our prayers and led a hand.

YOU SEE, praying I personal and communal if you will. Worship places are
closing fast, if not faster than bars and deli’s. Offices are closing fast,
if not faster than schools.

Only true saints are at work. Those medics and their assistants and the
guys who must fill the supermarket shelves with your basics.
If you ask me, the very deity we seek in those buildings, is inside us and
those selfless humans who take chances with their lives to take charge of
ours. They are the ones mellowing down the iron wind of a viral onslaught
on humanity right now.

© 2020, Mbizo Chirasha

MBIZO CHIRASHA (Mbizo, The Black Poet) is one of the newest members of The BeZine core team. He is a poet from Zimbabwe who is on the run. We have been coordinating in the search for safe harbor. In part I am doing this today to remind everyone that while we’ve made progress with funding, we still need to find a host for Mbizo, preferably Germany, but England or U.S. would work too.  Open to suggestion.  Connect with me if you are able to help, have leads, or have questions. You can read more about Mbizo and his story: Zimbabwean Poet in Exile: Award-Winning Poet Mbizo Chirasha, A Life on the Run, Interview.

Jamie Dedes:

Your donation HERE helps to fund the ongoing mission of The Poet by Day in support of poets and writers, freedom of artistic expression, and human rights.

Poetry rocks the world!

FEEL THE BERN

For Peace, Sustainability, Social Justice

The Poet by Day officially endorses Bernie Sanders for President.

The New New Deal

Link HERE for Bernie’s schedule of events around the country.

“Democracy is not a spectator sport.” Bernie Sanders

“Every pair of eyes facing you has probably experienced something you could not endure.”  Lucille Clifton

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Interview with Mbizo Chirasha, Founder and Curator of the Womawords Project and Call for Submissions to Daughters of the Earth Project, an international contest

Taken on a trip in 2016 with World Vision to Sierra Leone. Courtesy of Annie Spratt, Unsplash

I Read a Poem Today

I read a poem today and decided
I must deed it to some lost, lonely
fatherless child… to embrace her

along her stone path, invoke sanity
I want to tell her: don’t sell out your
dearest dreams or buy the social OS

Instead, let the poem play you like a
musician her viola, rewriting lonely
into sapphire solitude, silken sanctity

Let it wash you like the spray of whales
Let it drench your body in the music
of your soul, singing pure prana into

the marrow and margins of your life
Let your shaman soul name your muse,
find yourself posing poetry as power and

discover the amethyst bliss of words
woven from strands of your own DNA
Yes. I read a poem today and decided
I must deed it to a lost fatherless child

© 2011, Jamie Dedes (Written for an International Women’s Day forum and republished in 2012 for International Girl Child Day in 2012)

Womawords is a complex of efforts initiated by Zimbabwean poet activist in exile, Mbizo Chirasha (Mbizo, The Black Poet).  I was curious – and thought others might be as well – about the inspiration for this ambitious and worthy effort that is devoted to giving women and girls a platform to speak out about their concerns and experiences and to share their wisdom.  I think you’ll enjoy the interview. Perhaps some women reading here will want to consider submitting to the Daughters of the Earth  Project International Contest. There is no submission fee.

The Womawords Project comprises: Womawords Literary Press, Liberating Voices Journal, the Girl Child Creativity Project (now evolved into Womawords), and Daughters of the Earth Project International Contest (not for poetry only).

INTERVIEW

JAMIE: Why and when did you start Womawords?

MBIZO: The heart of a women is like an  ocean, thus  she must be proffered a free platform to express concerns, to speak rights, to voice against wrongs, to sing experiences and more. The world over we are blessed with an influx of  women and the girl child gifted not only physical stature but  mental beauty, endowed with wisdom to sub create and shape humanity. Womawords was birthed in  April 2019 as a complimentary initiative during my eye-opening  and life changing tenure with the International Human Right Art Festival.

JAMIE: Please tell us about the origin of the name.

MBIZO: The name pays tribute to the power and influence literary arts culture, words and poetry. The Womawords Project is a positive transformation from my initial project Girl Child Creativity Project, which was Zimbabwean based, and transitioned it into an international literary arts culture digital space exhibiting women’s voices and literature. Women are powerful trench soldiers; they experience a bundle of traumas from child birthing, forced intercourse, menstrual health issues, domestic violence, stigma and discrimination. A whole lot of hardships but also women are molders of humanity. I have always known of mother tongue not father tongue, hence Womawords – a metaphor that gives women from around the globe a space to express themselves through poetry , resistance  literature,  and resilience  arts.

JAMIE: What are the current activities Womawords is sponsoring?

MBIZO: The 2020 main project is the Daughters of the Earth Project, an international writer’s contest. The writer’s contest gives an opportunity for women to raise their voice, exchange ideas and promote dialogue on Menstrual Equity and Health through poetry, stories, flash fiction, and essays. And they are a myriad of  issues, unresolved problems, taboos and myth experienced by women globally. WOMEN must be given the chance to speak, to raise their concerns, to offer solutions and to tell their experiences through this # Daughters of the Earth Writers Contest Project. For more details follow on the submissions portal on Womawords.

Other projects include:

  • Women of Residence Profile Features: The Press is anchored by FEATURES of Prolific Poets, Writers, Socialites and Artistic Luminaries.
  • Liberating Voices: this is a quarterly collection of voices and is guided by a specific theme of every publication.

JAMIE: What are the long-term goals?

MBIZO: Womawords Literary Press is a formula of positive change and transformation in the area of exhibiting women’s artistic voices and resistance literature by the girl child.  In the next five years we are  growing  into a  reputable book and literary arts publishing republic. Going forward within 2020 we continue to restructure by placing  and appointing representatives in more than twenty countries around the globe. These  are women writers, poets, activist, and artists using their words to bring  forth transformative change, using their poetry to expose societal tumors, wielding their artistic weapons to slash perpetuators of barbarism, using their resistance literatures to shine a light on the madness.  In March  2021, we are hosting a Womawords International Symposium with editorial associates, contributing writers, women artists, and women arts cultural activists who will convene to  share and exchange experiences through symposium presentations, poetry performances, and  story readings .

ALUTA CONTINUA!!! [“The struggle continues.” It’s a rallying cry for freedom.]

THE DAUGHTERS OF THE EARTH PROJECT

Call for Submissions

The newly initiated Daughters of the Earth Project will offer a new theme each year.  The  2020 theme is Menstrual Health and Menstrual Equity

BACKGROUND AND SCOPE: The Daughters of the Project is an international writer’s contest . The writer’s contest gives an opportunity for women  to raise their voices, exchange ideas and promote dialogue on Menstrual Equity and Health through poetry, stories, flash fiction and essays. There are a  myriad  of  issues , unresolved problems, taboos and myth experienced  by women globally. Women must be given the chance to speak, to raise their concerns, to offer solutions, and to tell their experiences through this Daughters of the Earth Writers Contest Project.

TIMELINE: The Daughters of the Earth Writing Contest Project  will resume  in April  2020 and end in October  2020

April 2020- JUNE 2020( Writers Submissions and Contest Entries)

July 2020-  August 2020- ( Judging, Jury to be announced)

August 2020- September 2020 (Publicity and Awards  Gathering)

October 2020( Results and Winners Announcement)

Mbizo Chirasha

MBIZO CHIRASHA (Mbizo, The Black Poet) is one of the newest members of The BeZine core team. He is a poet from Zimbabwe who is on the run. We have been coordinating in the search for safe harbor. In part I am doing this today to remind everyone that while we’ve made progress with funding, we still need to find a host for Mbizo, preferably Germany, but England or U.S. would work too.  Open to suggestion.  Connect with me if you are able to help, have leads, or have questions. You can read more about Mbizo and his story: Zimbabwean Poet in Exile: Award-Winning Poet Mbizo Chirasha, A Life on the Run, Interview.

Jamie Dedes:

Your donation HERE helps to fund the ongoing mission of The Poet by Day in support of poets and writers, freedom of artistic expression, and human rights.

Poetry rocks the world!

FEEL THE BERN

For Peace, Sustainability, Social Justice

The Poet by Day officially endorses Bernie Sanders for President.

The New New Deal

Link HERE for Bernie’s schedule of events around the country.

“Democracy is not a spectator sport.” Bernie Sanders

“Every pair of eyes facing you has probably experienced something you could not endure.”  Lucille Clifton

Posted on

Some mothers’ children stare unseeing . . .

 

Courtesy of Liane Metzler, Unsplash

“But in Idlib, nowhere is safe. Almost 50,000 are sheltering under trees or in other open spaces. I am getting daily reports of babies and other young children dying in the cold. Imagine the grief of a parent who escaped a war zone with their child, only to watch that child freeze to death.” Mark Lowcock, United Nations Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator, February 20, 2020

Some Mothers’ Hearts Have Stopped

Some mothers’ children stare unseeing
No sweet, wet baby kisses from blistered lips,

. . . . songs unsung

No wedding portraits to dust and treasure
No graduations or trips to the sea

. . . . just their bodies to bury

crushed
beaten
stilled
frozen

by the engine of nihilism

Limbs cracked and broken, bellies torn
Faces purpled, hearts stopped

Hearts stopped …
. . . . hearts stopped

Some mothers’ hearts have stopped

© 2015, Jamie Dedes

RELATED:

Jamie Dedes:

Your donation HERE helps to fund the ongoing mission of The Poet by Day in support of poets and writers, freedom of artistic expression, and human rights.

Poetry rocks the world!

FEEL THE BERN

For Peace, Sustainability, Social Justice

The Poet by Day officially endorses Bernie Sanders for President.

The New New Deal

Link HERE for Bernie’s schedule of events around the country.

“Democracy is not a spectator sport.” Bernie Sanders

“Every pair of eyes facing you has probably experienced something you could not endure.”  Lucille Clifton