January 28, 2026
First Amendment Under Attack
By John Myers
by The Nation Fund Journalism Fellows
Violations of the First Amendment have increased during Trump’s second term, impacting our freedom to assemble, worship as we choose, speak openly, and hold our government to account.
Unless the course is corrected, we will feel the impact of a diminished 1st Amendment for years to come.
Nine journalism students in The Fellowship for the Future of Journalism culled through stories and distilled 1st Amendment threats into the following issues demanding our ongoing attention.
Right to Peaceably Assemble Under Attack
Last year saw heightened threats to the right to peaceably assemble, and the threat level continues to rise in 2026. Starting with police violence against campus-based, pro-Palestinian protests and escalating to federal crackdowns on community protests against ICE actions in our cities and violence against our citizens, these Trump administration attacks have created an intense atmosphere of fear and intimidation.
Book Bans
In 2025, PEN America recorded 6,870 instances across 23 states. These bans suppress diverse viewpoints under the guise of parental choice and seek to reinforce dominant ideological preferences. Examples from 2025 include Toni Morrison’s The Bluest Eye and the graphic novel, Flamer by Mike Curato, which details the experiences of a closeted Filipino-American teenager.
Pentagon Restrictions on What News Outlets Can Report
In October 2025, the Pentagon presented a new policy prohibiting journalists from entering the building unless they signed a letter agreeing to report only on information authorized by the Department of Defense. This blatant infringement on First Amendment rights threatens our ability to be informed and hold the government accountable.
Trump Administration Use of Lawsuits to Stifle Free Speech
Trump has used the FCC and other agencies to investigate and file lawsuits against media outlets for coverage that he deemed “negative” toward him and his administration’s policies. These investigations amounted to censorship of the media, which is a direct violation of the First Amendment.
Freedom of Religion in Public Schools
In 2025, Texas followed Louisiana and Arkansas in signing bills requiring the Ten Commandments to be displayed in public school classrooms. The Louisiana case is expected to reach the Supreme Court in 2026. These bills blur the separation of church and state, raising concerns that students are being subjected to a violation of freedom of belief and a government-endorsed religious doctrine.
