Two press organizations sued President Donald Trump and senior White House officials Wednesday, arguing that the administration is violating the Constitution by continuing to release official government information on Truth Social while the platform sells paying customers faster access to the same posts.
The Intercept Media and Freedom of the Press Foundation filed the lawsuit Aug. 12 in the U.S. District Court for the Southern District of New York. Trump is sued in his official capacity along with White House aides Natalie Harp and Daniel Scavino, the Executive Office of the President, and the White House Office.
Trump Media & Technology Group, which owns Truth Social but is not named as a defendant, announced Truth API in July as a business service providing faster access to posts from some of the platform's most prominent accounts. According to the complaint, the feed includes Trump, the White House, Vice President JD Vance, and several senior administration officials.
Subscriptions cost $100,000 a month, or $60,000 a month for customers who make a three-year commitment. Trump Media has marketed the service to organizations seeking immediate access to posts that may move financial markets.
Trump's use of Truth Social is central to the constitutional challenge. The two organizations claim he has repeatedly used the platform to announce military actions, foreign policy decisions, tariffs, federal appointments, and domestic policy during his second term. Some posts, the complaint alleges, have served as the first or only immediate public announcement of presidential action.
The lawsuit also points to Trump's financial relationship with Trump Media. His nearly 115 million shares are held through a revocable trust of which he is the sole beneficiary, according to the filing, giving him an ownership interest of about 41 percent. The organizations argue that his continued use of Truth Social for government announcements allows a company in which he has a substantial financial interest to profit from access to those communications.
The Intercept says the arrangement puts its reporters at a competitive disadvantage because the organization frequently covers Trump's Truth Social posts but does not intend to purchase the API. Freedom of the Press Foundation maintains a database of Trump's social media statements about journalists and news organizations. The group says efforts to restrict the third-party tools it uses to collect Truth Social posts could interfere with that archive.
A threshold legal question is whether Trump's use of Truth Social qualifies as state action, meaning conduct that can legally be treated as government activity. The First Amendment generally restricts the government rather than private companies acting on their own.
The press groups argue that Trump's account crosses that line because he uses it to exercise presidential authority, White House employees help publish posts, and members of the public can interact with his official statements. On that basis, they contend the administration cannot restrict access to those communications without sufficient constitutional justification.
The lawsuit also relies on the unconstitutional conditions doctrine, which generally prevents the government from making access to a benefit depend on giving up a constitutional right or accepting an unrelated burden. The organizations argue that they should not have to financially support or associate with Truth Social to receive government communications on equal terms. A related Fifth Amendment claim argues that the federal government is treating similarly situated members of the public differently based on whether they pay for access, without a legitimate government reason for doing so.
The organizations are asking the court to declare the challenged practice unconstitutional and to bar Trump and the other government officials from posting official government information exclusively on Truth Social while the platform maintains paid preferential access to that information. They also seek attorneys' fees and court costs.
