University of Michigan Law School
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Case Name PEN American Center. v. Trump PR-NY-0005
Docket / Court 1:18-cv-09433 ( S.D.N.Y. )
State/Territory New York
Case Type(s) Presidential Authority
Special Collection Take Care
Case Summary
On October 16, 2018, PEN America, Inc. brought this lawsuit against President Donald Trump in the U.S. District Court for the Southern District of New York. The plaintiff, an organization representing writers and literary professionals, sued under 28 U.S.C. § 2201(a) alleging that the Presidents ... read more >
On October 16, 2018, PEN America, Inc. brought this lawsuit against President Donald Trump in the U.S. District Court for the Southern District of New York. The plaintiff, an organization representing writers and literary professionals, sued under 28 U.S.C. § 2201(a) alleging that the Presidents used his power against media and press to violate the First Amendment freedom of speech and the press. PEN was represented by the Media Freedom and Information Access clinic at Yale Law School and Protect Democracy. The case was assigned to Judge Lorna G. Schofield.

Specifically, the complaint alleged that President Trump used, or threatened to use the regulatory and enforcement powers of government to punish the speech of journalists in at least four ways: initiating a government review to raise postal rates to punish the owner of the Washington Post; directing DOJ enforcement actions against media companies including CNN’s parent company; interfering with White House press access; and threatening to revoke broadcast licenses. The complaint also alleged that President Trump expressed his animus toward media entities for their coverage of him and then threatened government retaliation. PEN sought declaratory and injunctive relief.

The plaintiff filed an amended complaint on February 6, 2019. In the new complaint, PEN included allegations related to the President’s threatened and actual revocations of security clearances of media commentators and White House press credentials, including those of PEN America member and CNN reporter Jim Acosta.

The case is ongoing and a pretrial conference is set for March 2019.

Abigail DeHart - 02/12/2019


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Issues and Causes of Action
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Issues
Constitutional Clause
Freedom of speech/association
Plaintiff Type
Non-profit NON-religious organization
Causes of Action Declaratory Judgment Act, 28 U.S.C. § 2201
Defendant(s) President of the United States
Plaintiff Description PEN American Center, an organization representing writers and literary professionals.
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Filing Year 2018
Case Ongoing Yes
Docket(s)
1:18−cv−09433 (S.D.N.Y.)
PR-NY-0005-9000.pdf | Detail
Date: 02/12/2019
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory and Injunctive Relief [ECF# 1]
PR-NY-0005-0002.pdf | Detail
Date: 10/16/2018
Source: PACER [Public Access to Court Electronic Records]
Friend of the Court/Amicus Brief [ECF# 22]
PR-NY-0005-0001.pdf | Detail
Date: 12/12/2018
Source: PACER [Public Access to Court Electronic Records]
Amended Complaint for Declaratory and Injunctive Relief [ECF# 38]
PR-NY-0005-0003.pdf | Detail
Date: 02/06/2019
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Schofield, Lorna Gail (S.D.N.Y.) show/hide docs
PR-NY-0005-0001 | PR-NY-0005-9000
Plaintiff's Lawyers Bassin, Ian M. (New York) show/hide docs
PR-NY-0005-0002 | PR-NY-0005-0003 | PR-NY-0005-9000
Florence, Justin (District of Columbia) show/hide docs
PR-NY-0005-9000
Hirsch, Steven (California) show/hide docs
PR-NY-0005-0002 | PR-NY-0005-0003 | PR-NY-0005-9000
Langford, John (Connecticut) show/hide docs
PR-NY-0005-0002 | PR-NY-0005-0003 | PR-NY-0005-9000
London, Ronald G (District of Columbia) show/hide docs
PR-NY-0005-9000
Murphy, Allison F. (District of Columbia) show/hide docs
PR-NY-0005-9000
Parker, Kristy (District of Columbia) show/hide docs
PR-NY-0005-0002 | PR-NY-0005-0003 | PR-NY-0005-9000
Revere, Robert Corn (District of Columbia) show/hide docs
PR-NY-0005-0003 | PR-NY-0005-9000
Schulz, David A (New York) show/hide docs
PR-NY-0005-0002 | PR-NY-0005-0003 | PR-NY-0005-9000
Schwartztol, Laurence Michael (New York) show/hide docs
PR-NY-0005-0002 | PR-NY-0005-0003 | PR-NY-0005-9000
Defendant's Lawyers Kochevar, Steven J. (New York) show/hide docs
PR-NY-0005-9000

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