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“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” -U.S. Constitution, First Amendment.
Image: Shutterstock, zimmytws.
In an address to Congress this month, President Trump claimed he had “brought free speech back to America.” But barely two months into his second term, the president has waged an unprecedented attack on the First Amendment rights of journalists, students, universities, government workers, lawyers and judges.
This story explores a slew of recent actions by the Trump administration that threaten to undermine all five pillars of the First Amendment to the U.S. Constitution, which guarantees freedoms concerning speech, religion, the media, the right to assembly, and the right to petition the government and seek redress for wrongs.
The right to petition allows citizens to communicate with the government, whether to complain, request action, or share viewpoints — without fear of reprisal. But that right is being assaulted by this administration on multiple levels. For starters, many GOP lawmakers are now heeding their leadership’s advice to stay away from local town hall meetings and avoid the wrath of constituents affected by the administration’s many federal budget and workforce cuts.
Another example: President Trump recently fired most of the people involved in processing Freedom of Information Act (FOIA) requests for government agencies. FOIA is an indispensable tool used by journalists and the public to request government records, and to hold leaders accountable.
The biggest story by far this week was the bombshell from The Atlantic editor Jeffrey Goldberg, who recounted how he was inadvertently added to a Signal group chat with National Security Advisor Michael Waltz and 16 other Trump administration officials discussing plans for an upcoming attack on Yemen.
One overlooked aspect of Goldberg’s incredible account is that by planning and coordinating the attack on Signal — which features messages that can auto-delete after a short time — administration officials were evidently seeking a way to avoid creating a lasting (and potentially FOIA-able) record of their deliberations.
“Intentional or not, use of Signal in this context was an act of erasure—because without Jeffrey Goldberg being accidentally added to the list, the general public would never have any record of these communications or any way to know they even occurred,” Tony Bradley wrote this week at Forbes.
Petitioning the government, particularly when it ignores your requests, often requires challenging federal agencies in court. But that becomes far more difficult if the most competent law firms start to shy away from cases that may involve crossing the president and his administration.
On March 22, the president issued a memorandum that directs heads of the Justice and Homeland Security Departments to “seek sanctions against attorneys and law firms who engage in frivolous, unreasonable and vexatious litigation against the United States,” or in matters that come before federal agencies.
The POTUS recently issued several executive orders railing against specific law firms with attorneys who worked legal cases against him. On Friday, the president announced that the law firm of Skadden, Arps, Slate, Meager & Flom had agreed to provide $100 million in pro bono work on issues that he supports.
Trump issued another order naming the firm Paul, Weiss, Rifkind, Wharton & Garrison, which ultimately agreed to pledge $40 million in pro bono legal services to the president’s causes.
Other Trump executive orders targeted law firms Jenner & Block and WilmerHale, both of which have attorneys that worked with special counsel Robert Mueller on the investigation into Russian interference in the 2016 election. But this week, two federal judges in separate rulings froze parts of those orders.
“There is no doubt this retaliatory action chills speech and legal advocacy, and that is qualified as a constitutional harm,” wrote Judge Richard Leon, who ruled against the executive order targeting WilmerHale.
President Trump recently took the extraordinary step of calling for the impeachment of federal judges who rule against the administration. Trump called U.S. District Judge James Boasberg a “Radical Left Lunatic” and urged he be removed from office for blocking deportation of Venezuelan alleged gang members under a rarely invoked wartime legal authority.
In a rare public rebuke to a sitting president, U.S. Supreme Court Justice John Roberts issued a statement on March 18 pointing out that “For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision.”
The U.S. Constitution provides that judges can be removed from office only through impeachment by the House of Representatives and conviction by the Senate. The Constitution also states that judges’ salaries cannot be reduced while they are in office.
Undeterred, House Speaker Mike Johnson this week suggested the administration could still use the power of its purse to keep courts in line, and even floated the idea of wholesale eliminating federal courts.
“We do have authority over the federal courts as you know,” Johnson said. “We can eliminate an entire district court. We have power of funding over the courts, and all these other things. But desperate times call for desperate measures, and Congress is going to act, so stay tuned for that.”
President Trump has taken a number of actions to discourage lawful demonstrations at universities and colleges across the country, threatening to cut federal funding for any college that supports protests he deems “illegal.”
A Trump executive order in January outlined a broad federal crackdown on what he called “the explosion of antisemitism” on U.S. college campuses. This administration has asserted that foreign students who are lawfully in the United States on visas do not enjoy the same free speech or due process rights as citizens.
Reuters reports that the acting civil rights director at the Department of Education on March 10 sent letters to 60 educational institutions warning they could lose federal funding if they don’t do more to combat anti-semitism. On March 20, Trump issued an order calling for the closure of the Education Department.
Meanwhile, U.S. Immigration and Customs Enforcement (ICE) agents have been detaining and trying to deport pro-Palestinian students who are legally in the United States. The administration is targeting students and academics who spoke out against Israel’s attacks on Gaza, or who were active in campus protests against U.S. support for the attacks. Secretary of State Marco Rubio told reporters Thursday that at least 300 foreign students have seen their visas revoked under President Trump, a far higher number than was previously known.
In his first term, Trump threatened to use the national guard or the U.S. military to deal with protesters, and in campaigning for re-election he promised to revisit the idea.
“I think the bigger problem is the enemy from within,” Trump told Fox News in October 2024. “We have some very bad people. We have some sick people, radical left lunatics. And I think they’re the big — and it should be very easily handled by, if necessary, by National Guard, or if really necessary, by the military, because they can’t let that happen.”
This term, Trump acted swiftly to remove the top judicial advocates in the armed forces who would almost certainly push back on any request by the president to use U.S. soldiers in an effort to quell public protests, or to arrest and detain immigrants. In late February, the president and Defense Secretary Pete Hegseth fired the top legal officers for the military services — those responsible for ensuring the Uniform Code of Military Justice is followed by commanders.
Military.com warns that the purge “sets an alarming precedent for a crucial job in the military, as President Donald Trump has mused about using the military in unorthodox and potentially illegal ways.” Hegseth told reporters the removals were necessary because he didn’t want them to pose any “roadblocks to orders that are given by a commander in chief.”
President Trump has sued a number of U.S. news outlets, including 60 Minutes, CNN, The Washington Post, The New York Times and other smaller media organizations for unflattering coverage.
In a $10 billion lawsuit against 60 Minutes and its parent Paramount, Trump claims they selectively edited an interview with former Vice President Kamala Harris prior to the 2024 election. The TV news show last month published transcripts of the interview at the heart of the dispute, but Paramount is reportedly considering a settlement to avoid potentially damaging its chances of winning the administration’s approval for a pending multibillion-dollar merger.
The president sued The Des Moines Register and its parent company, Gannett, for publishing a poll showing Trump trailing Harris in the 2024 presidential election in Iowa (a state that went for Trump). The POTUS also is suing the Pulitzer Prize board over 2018 awards given to The New York Times and The Washington Post for their coverage of purported Russian interference in the 2016 election.
Whether or not any of the president’s lawsuits against news organizations have merit or succeed is almost beside the point. The strategy behind suing the media is to make reporters and newsrooms think twice about criticizing or challenging the president and his administration. The president also knows some media outlets will find it more expedient to settle.
Trump also sued ABC News and George Stephanopoulos for stating that the president had been found liable for “rape” in a civil case [Trump was found liable of sexually abusing and defaming E. Jean Carroll]. ABC parent Disney settled that claim by agreeing to donate $15 million to the Trump Presidential Library.
Following the attack on the U.S. Capitol on Jan. 6, 2021, Facebook blocked President Trump’s account. Trump sued Meta, and after the president’s victory in 2024 Meta settled and agreed to pay Trump $25 million: $22 million would go to his presidential library, and the rest to legal fees. Meta CEO Mark Zuckerberg also announced Facebook and Instagram would get rid of fact-checkers and rely instead on reader-submitted “community notes” to debunk disinformation on the social media platform.
Brendan Carr, the president’s pick to run the Federal Communications Commission (FCC), has pledged to “dismantle the censorship cartel and restore free speech rights for everyday Americans.” But on January 22, 2025, the FCC reopened complaints against ABC, CBS and NBC over their coverage of the 2024 election. The previous FCC chair had dismissed the complaints as attacks on the First Amendment and an attempt to weaponize the agency for political purposes.
According to Reuters, the complaints call for an investigation into how ABC News moderated the pre-election TV debate between Trump and Biden, and appearances of then-Vice President Harris on 60 Minutes and on NBC’s “Saturday Night Live.”
Since then, the FCC has opened investigations into NPR and PBS, alleging that they are breaking sponsorship rules. The Center for Democracy & Technology (CDT), a think tank based in Washington, D.C., noted that the FCC is also investigating KCBS in San Francisco for reporting on the location of federal immigration authorities.
“Even if these investigations are ultimately closed without action, the mere fact of opening them – and the implicit threat to the news stations’ license to operate – can have the effect of deterring the press from news coverage that the Administration dislikes,” the CDT’s Kate Ruane observed.
Trump has repeatedly threatened to “open up” libel laws, with the goal of making it easier to sue media organizations for unfavorable coverage. But this week, the U.S. Supreme Court declined to hear a challenge brought by Trump donor and Las Vegas casino magnate Steve Wynn to overturn the landmark 1964 decision in New York Times v. Sullivan, which insulates the press from libel suits over good-faith criticism of public figures.
The president also has insisted on picking which reporters and news outlets should be allowed to cover White House events and participate in the press pool that trails the president. He barred the Associated Press from the White House and Air Force One over their refusal to call the Gulf of Mexico by another name.
And the Defense Department has ordered a number of top media outlets to vacate their spots at the Pentagon, including CNN, The Hill, The Washington Post, The New York Times, NBC News, Politico and National Public Radio.
“Incoming media outlets include the New York Post, Breitbart, the Washington Examiner, the Free Press, the Daily Caller, Newsmax, the Huffington Post and One America News Network, most of whom are seen as conservative or favoring Republican President Donald Trump,” Reuters reported.
Shortly after Trump took office again in January 2025, the administration began circulating lists of hundreds of words that government staff and agencies shall not use in their reports and communications.
The Brookings Institution notes that in moving to comply with this anti-speech directive, federal agencies have purged countless taxpayer-funded data sets from a swathe of government websites, including data on crime, sexual orientation, gender, education, climate, and global development.
The New York Times reports that in the past two months, hundreds of terabytes of digital resources analyzing data have been taken off government websites.
“While in many cases the underlying data still exists, the tools that make it possible for the public and researchers to use that data have been removed,” The Times wrote.
On Jan. 27, Trump issued a memo (PDF) that paused all federally funded programs pending a review of those programs for alignment with the administration’s priorities. Among those was ensuring that no funding goes toward advancing “Marxist equity, transgenderism, and green new deal social engineering policies.”
According to the CDT, this order is a blatant attempt to force government grantees to cease engaging in speech that the current administration dislikes, including speech about the benefits of diversity, climate change, and LGBTQ issues.
“The First Amendment does not permit the government to discriminate against grantees because it does not like some of the viewpoints they espouse,” the CDT’s Ruane wrote. “Indeed, those groups that are challenging the constitutionality of the order argued as much in their complaint, and have won an injunction blocking its implementation.”
On January 20, the same day Trump issued an executive order on free speech, the president also issued an executive order titled “Reevaluating and Realigning United States Foreign Aid,” which froze funding for programs run by the U.S. Agency for International Development (USAID). Among those were programs designed to empower civil society and human rights groups, journalists and others responding to digital repression and Internet shutdowns.
According to the Electronic Frontier Foundation (EFF), this includes many freedom technologies that use cryptography, fight censorship, protect freedom of speech, privacy and anonymity for millions of people around the world.
“While the State Department has issued some limited waivers, so far those waivers do not seem to cover the open source internet freedom technologies,” the EFF wrote about the USAID disruptions. “As a result, many of these projects have to stop or severely curtail their work, lay off talented workers, and stop or slow further development.”
On March 14, the president signed another executive order that effectively gutted the U.S. Agency for Global Media (USAGM), which oversees or funds media outlets including Radio Free Europe/Radio Liberty and Voice of America (VOA). The USAGM also oversees Radio Free Asia, which supporters say has been one of the most reliable tools used by the government to combat Chinese propaganda.
But this week, U.S. District Court Judge Royce Lamberth, a Reagan appointee, temporarily blocked USAGM’s closure by the administration.
“RFE/RL has, for decades, operated as one of the organizations that Congress has statutorily designated to carry out this policy,” Lamberth wrote in a 10-page opinion. “The leadership of USAGM cannot, with one sentence of reasoning offering virtually no explanation, force RFE/RL to shut down — even if the President has told them to do so.”
The Trump administration rescinded a decades-old policy that instructed officers not to take immigration enforcement actions in or near “sensitive” or “protected” places, such as churches, schools, and hospitals.
That directive was immediately challenged in a case brought by a group of Quakers, Baptists and Sikhs, who argued the policy reversal was keeping people from attending services for fear of being arrested on civil immigration violations. On Feb. 24, a federal judge agreed and blocked ICE agents from entering churches or targeting migrants nearby.
The president’s executive order allegedly addressing antisemitism came with a fact sheet that described college campuses as “infested” with “terrorists” and “jihadists.” Multiple faith groups expressed alarm over the order, saying it attempts to weaponize antisemitism and promote “dehumanizing anti-immigrant policies.”
The president also announced the creation of a “Task Force to Eradicate Anti-Christian Bias,” to be led by Attorney General Pam Bondi. Never mind that Christianity is easily the largest faith in America and that Christians are well-represented in Congress.
The Rev. Paul Brandeis Raushenbush, a Baptist minister and head of the progressive Interfaith Alliance, issued a statement accusing Trump of hypocrisy in claiming to champion religion by creating the task force.
“From allowing immigration raids in churches, to targeting faith-based charities, to suppressing religious diversity, the Trump Administration’s aggressive government overreach is infringing on religious freedom in a way we haven’t seen for generations,” Raushenbush said.
A statement from Americans United for Separation of Church and State said the task force could lead to religious persecution of those with other faiths.
“Rather than protecting religious beliefs, this task force will misuse religious freedom to justify bigotry, discrimination, and the subversion of our civil rights laws,” said Rachel Laser, the group’s president and CEO.
Where is President Trump going with all these blatant attacks on the First Amendment? The president has made no secret of his affection for autocratic leaders and “strongmen” around the world, and he is particularly enamored with Hungary’s far-right Prime Minister Viktor Orbán, who has visited Trump’s Mar-a-Lago resort twice in the past year.
A March 15 essay in The Atlantic by Hungarian investigative journalist András Pethő recounts how Orbán rose to power by consolidating control over the courts, and by building his own media universe while simultaneously placing a stranglehold on the independent press.
“As I watch from afar what’s happening to the free press in the United States during the first weeks of Trump’s second presidency — the verbal bullying, the legal harassment, the buckling by media owners in the face of threats — it all looks very familiar,” Pethő wrote. “The MAGA authorities have learned Orbán’s lessons well.”
At least a dozen organizations with domain names at domain registrar Squarespace saw their websites hijacked last week. Squarespace bought all assets of Google Domains a year ago, but many customers still haven’t set up their new accounts. Experts say malicious hackers learned they could commandeer any migrated Squarespace accounts that hadn’t yet been registered, merely by supplying an email address tied to an existing domain.
Until this past weekend, Squarespace’s website had an option to log in via email.
The Squarespace domain hijacks, which took place between July 9 and July 12, appear to have mostly targeted cryptocurrency businesses, including Celer Network, Compound Finance, Pendle Finance, and Unstoppable Domains. In some cases, the attackers were able to redirect the hijacked domains to phishing sites set up to steal visitors’ cryptocurrency funds.
New York City-based Squarespace purchased roughly 10 million domain names from Google Domains in June 2023, and it has been gradually migrating those domains to its service ever since. Squarespace has not responded to a request for comment, nor has it issued a statement about the attacks.
But an analysis released by security experts at Metamask and Paradigm finds the most likely explanation for what happened is that Squarespace assumed all users migrating from Google Domains would select the social login options — such “Continue with Google” or “Continue with Apple” — as opposed to the “Continue with email” choice.
Taylor Monahan, lead product manager at Metamask, said Squarespace never accounted for the possibility that a threat actor might sign up for an account using an email associated with a recently-migrated domain before the legitimate email holder created the account themselves.
“Thus nothing actually stops them from trying to login with an email,” Monahan told KrebsOnSecurity. “And since there’s no password on the account, it just shoots them to the ‘create password for your new account’ flow. And since the account is half-initialized on the backend, they now have access to the domain in question.”
What’s more, Monahan said, Squarespace did not require email verification for new accounts created with a password.
“The domains being migrated from Google to Squarespace are known,” Monahan said. “It’s either public or easily discernible info which email addresses have admin of a domain. And if that email never sets up their account on Squarespace — say because the billing admin left the company five years ago or folks just ignored the email — anyone who enters that email@domain in the squarespace form now has full access to control to the domain.”
The researchers say some Squarespace domains that were migrated over also could be hijacked if attackers discovered the email addresses for less privileged user accounts tied to the domain, such as “domain manager,” which likewise has the ability to transfer a domain or point it to a different Internet address.
Squarespace says domain owners and domain managers have many of the same privileges, including the ability to move a domain or manage the site’s domain name server (DNS) settings.
Monahan said the migration has left domain owners with fewer options to secure and monitor their accounts.
“Squarespace can’t support users who need any control or insight into the activity being performed in their account or domain,” Monahan said. “You basically have no control over the access different folks have. You don’t have any audit logs. You don’t get email notifications for some actions. The owner doesn’t get email notification for actions taken by a ‘domain manager.’ This is absolutely insane if you’re used to and expecting the controls Google provides.”
The researchers have published a comprehensive guide for locking down Squarespace user accounts, which urges Squarespace users to enable multi-factor authentication (disabled during the migration).
“Determining what emails have access to your new Squarespace account is step 1,” the help guide advises. “Most teams DO NOT REALIZE these accounts even exist, let alone theoretically have access.”
The guide also recommends removing unnecessary Squarespace user accounts, and disabling reseller access in Google Workspace.
“If you bought Google Workspace via Google Domains, Squarespace is now your authorized reseller,” the help document explains. “This means that anyone with access to your Squarespace account also has a backdoor into your Google Workspace unless you explicitly disable it by following the instructions here, which you should do. It’s easier to secure one account than two.”
Update, July 23, 1:50 p.m. ET: Squarespace has published a post-mortem about the incident. Their statement blames the domain hijacks on “a weakness related to OAuth logins”, which Squarespace said it fixed within hours, and contradicts the findings presented by the researchers above. Here are the relevant bits from their statement:
“During this incident, all compromised accounts were using third-party OAuth. Neither Squarespace nor any third-party authentication provider made any changes to authentication as part of our migration of Google Domains to Squarespace. To be clear, the migration of domains involved no changes to multi-factor authentication before, during or after.”
“To date there is no evidence that Google Workspace accounts were or are at risk, and we have received no customer reports to this effect. As a reseller, Squarespace manages billing but customers access Workspace directly using their Google account.”
“Our analysis shows no evidence that Squarespace accounts using an email-based login with an unverified email address were involved with this attack.”
A cybercrook who has been setting up websites that mimic the self-destructing message service privnote.com accidentally exposed the breadth of their operations recently when they threatened to sue a software company. The disclosure revealed a profitable network of phishing sites that behave and look like the real Privnote, except that any messages containing cryptocurrency addresses will be automatically altered to include a different payment address controlled by the scammers.
The real Privnote, at privnote.com.
Launched in 2008, privnote.com employs technology that encrypts each message so that even Privnote itself cannot read its contents. And it doesn’t send or receive messages. Creating a message merely generates a link. When that link is clicked or visited, the service warns that the message will be gone forever after it is read.
Privnote’s ease-of-use and popularity among cryptocurrency enthusiasts has made it a perennial target of phishers, who erect Privnote clones that function more or less as advertised but also quietly inject their own cryptocurrency payment addresses when a note is created that contains crypto wallets.
Last month, a new user on GitHub named fory66399 lodged a complaint on the “issues” page for MetaMask, a software cryptocurrency wallet used to interact with the Ethereum blockchain. Fory66399 insisted that their website — privnote[.]co — was being wrongly flagged by MetaMask’s “eth-phishing-detect” list as malicious.
“We filed a lawsuit with a lawyer for dishonestly adding a site to the block list, damaging reputation, as well as ignoring the moderation department and ignoring answers!” fory66399 threatened. “Provide evidence or I will demand compensation!”
MetaMask’s lead product manager Taylor Monahan replied by posting several screenshots of privnote[.]co showing the site did indeed swap out any cryptocurrency addresses.
After being told where they could send a copy of their lawsuit, Fory66399 appeared to become flustered, and proceeded to mention a number of other interesting domain names:
You sent me screenshots from some other site! It’s red!!!!
The tornote.io website has a different color altogether
The privatenote,io website also has a different color! What’s wrong?????
A search at DomainTools.com for privatenote[.]io shows it has been registered to two names over as many years, including Andrey Sokol from Moscow and Alexandr Ermakov from Kiev. There is no indication these are the real names of the phishers, but the names are useful in pointing to other sites targeting Privnote since 2020.
DomainTools says other domains registered to Alexandr Ermakov include pirvnota[.]com, privatemessage[.]net, privatenote[.]io, and tornote[.]io.
A screenshot of the phishing domain privatemessage dot net.
The registration records for pirvnota[.]com at one point were updated from Andrey Sokol to “BPW” as the registrant organization, and “Tambov district” in the registrant state/province field. Searching DomainTools for domains that include both of these terms reveals pirwnote[.]com.
Other Privnote phishing domains that also phoned home to the same Internet address as pirwnote[.]com include privnode[.]com, privnate[.]com, and prevnóte[.]com. Pirwnote[.]com is currently selling security cameras made by the Chinese manufacturer Hikvision, via an Internet address based in Hong Kong.
It appears someone has gone to great lengths to make tornote[.]io seem like a legitimate website. For example, this account at Medium has authored more than a dozen blog posts in the past year singing the praises of Tornote as a secure, self-destructing messaging service. However, testing shows tornote[.]io will also replace any cryptocurrency addresses in messages with their own payment address.
These malicious note sites attract visitors by gaming search engine results to make the phishing domains appear prominently in search results for “privnote.” A search in Google for “privnote” currently returns tornote[.]io as the fifth result. Like other phishing sites tied to this network, Tornote will use the same cryptocurrency addresses for roughly 5 days, and then rotate in new payment addresses.
Tornote changed the cryptocurrency address entered into a test note to this address controlled by the phishers.
Throughout 2023, Tornote was hosted with the Russian provider DDoS-Guard, at the Internet address 186.2.163[.]216. A review of the passive DNS records tied to this address shows that apart from subdomains dedicated to tornote[.]io, the main other domain at this address was hkleaks[.]ml.
In August 2019, a slew of websites and social media channels dubbed “HKLEAKS” began doxing the identities and personal information of pro-democracy activists in Hong Kong. According to a report (PDF) from Citizen Lab, hkleaks[.]ml was the second domain that appeared as the perpetrators began to expand the list of those doxed.
HKleaks, as indexed by The Wayback Machine.
DomainTools shows there are more than 1,000 other domains whose registration records include the organization name “BPW” and “Tambov District” as the location. Virtually all of those domains were registered through one of two registrars — Hong Kong-based Nicenic and Singapore-based WebCC — and almost all appear to be phishing or pill-spam related.
Among those is rustraitor[.]info, a website erected after Russia invaded Ukraine in early 2022 that doxed Russians perceived to have helped the Ukrainian cause.
An archive.org copy of Rustraitor.
In keeping with the overall theme, these phishing domains appear focused on stealing usernames and passwords to some of the cybercrime underground’s busiest shops, including Brian’s Club. What do all the phished sites have in common? They all accept payment via virtual currencies.
It appears MetaMask’s Monahan made the correct decision in forcing these phishers to tip their hand: Among the websites at that DDoS-Guard address are multiple MetaMask phishing domains, including metarrnask[.]com, meternask[.]com, and rnetamask[.]com.
How profitable are these private note phishing sites? Reviewing the four malicious cryptocurrency payment addresses that the attackers swapped into notes passed through privnote[.]co (as pictured in Monahan’s screenshot above) shows that between March 15 and March 19, 2024, those address raked in and transferred out nearly $18,000 in cryptocurrencies. And that’s just one of their phishing websites.
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