New legal battle over First Amendment looms | American Lens | Michael Chugani

America’s Constitution, dating back to 1787, is the supreme law of the land. It makes clear the separation of powers between the Executive, Legislative, and Judicial branches of government. The Constitution’s first ten amendments, called the Bill of Rights, protect civil rights and individual liberties, such as free speech and religion, and limit the power of the federal government.

President Donald Trump has repeatedly challenged the Constitution, including by starting new wars and imposing tariffs which only Congress has the power to do. He issued an executive order to ban birthright citizenship even though the Constitution states everyone born in the US, including the children of illegal immigrants, are US citizens.

The Supreme Court quashed Trump’s tariffs and his attempt to ban birthright citizenship after legal challenges reached all the way to the top court. Trump has frequently challenged the cherished First Amendment of the Bill of Rights which protects key freedoms, including freedom of speech, assembly, and the press.

Last week he subpoenaed several New York Times reporters to reveal their sources after they published an article exposing security concerns involving Trump’s Qatari-donated Air Force One plane.

It was the First Amendment right of the reporters to publish the article. The courts have mostly overruled Trump’s challenges to the First Amendment.

Another legal battle over the First Amendment is looming after the Trump Administration proposed building a permanent fence around Lafayette Square, which is adjacent to the White House. The iconic square has the closest view of the White House, making it popular with tourists and protesters.

A continuous Peace Vigil, which started in 1981, is still ongoing although Trump ordered the park authorities to remove tents and structures of the protesters last September. I have fond memories of covering protests at Lafayette Square when I lived and worked in Washington DC during the 1990s. I last went to Lafayette Square in September 2022 and could easily approach the metal security fence separating it from the White House.

It has always been easy to take close-up pictures through the fence’s large gaps. The Trump Administration now wants to replace a few temporary fences at parts of the square with a full permanent fence that would bar protesters and tourists from entering the square whenever it feels there is a security risk. Critics, who say the permanent fence violates the First Amendment right to free speech and protests, are planning a legal challenge.

Michael Chugani is a longtime journalist who has worked in Hong Kong, the US, and London

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