A federal judge is set to rule on whether former President Donald Trump can charge for early access to his Truth Social posts. The Department of Justice (DOJ) civil attorney Brantley Mayers argued that there is no conflict with Trump charging up to $100,000 monthly for instant API access to posts that frequently contain news from his administration.
Trump is the majority owner of Trump Media & Technology Group, the parent company of Truth Social. The value of this API access is largely derived from Trump's role as president.
News organizations have filed a lawsuit, contending that Trump's API fees violate the First Amendment and the Presidential Records Act. They argue that these fees create a tiered system of access to government information, which Trump does not technically own. Additionally, the news groups assert that the fees undermine the Fifth Amendment, which prohibits the government from charging unreasonable sums that cannot be justified to offset the cost of a government benefit, and from granting preferential access to crucial government information for arbitrary reasons.
The DOJ, represented by Mayers, likened Trump’s Truth Social posts to Franklin D. Roosevelt’s “fireside chats,” suggesting they serve as an unvarnished public service. These posts have included announcements regarding military strikes, ceasefires, tariffs, immigration policies, and significant administrative changes.
However, US District Judge Paul Oetken questioned this comparison, noting that President Roosevelt did not charge for his broadcasts. Mayers responded by suggesting that both scenarios presented “barriers to entry,” comparing the inability of some news groups to afford Truth Social's API to some Americans in the 1930s and 1940s being unable to afford radios.
The arrangement could potentially allow Trump to earn $1.2 million per subscriber annually by selling access to government information. The judge's decision, expected in the coming weeks, will determine the legality of this practice.
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A federal judge will decide if Donald Trump can charge up to $100,000 monthly for early API access to his Truth Social posts, which often contain government information. News organizations argue these fees violate the First and Fifth Amendments and the Presidential Records Act by creating tiered access to public information.