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Trump Scores First Amendment Win in Fake News Case

Sally Kent|

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July 14, 2021

A New York judge handed former President Trump a First Amendment win when he dismissed a case again him and media personality CarpeDonktum. New York Supreme Court Judge David Benjamin Cohen dismissed a case regarding a meme that was shared by Trump and created by CarpeDonktum, whose real name is Logan Cook which was clearly satirical.

The meme showed one white toddler chasing another black toddler and was edited to have a chyron that read “breaking news” underneath the two children.

The Daily Wire reports:


Cook found a video of a white toddler running after a black toddler and stuck a chyron reading “breaking news” over it. The captions read, “Terrified Todler [sic] Runs From Racist Baby” and “Racist Baby Probably A Trump Voter.”

The video then fades to black, and reads, “What actually happened.” The toddlers run at each other and embrace. A new caption: “AMERICA IS NOT THE PROBLEM…FAKE NEWS IS. IF YOU SEE SOMETHING, SAY SOMETHING. ONLY YOU CAN PREVENT FAKE NEWS DUMPSTER FIRES.”

Twitter added its “manipulated video” label to the meme after it began circulating. Then the toddlers parents filed a lawsuit against Trump and Cook claiming the children’s images had been exploited and violated New York’sprivacy law and also was an “intentional and negligent infliction of emotional distress.”

“Initially, as defendants assert, the video was newsworthy,” Cohen wrote in his decision. “To promote freedom of expression, the meaning of ‘newsworthiness’ has been broadly construed and includes ‘not only descriptions of actual events … but also articles concerning political happenings, social trends, or any subject of public interest.’”

“It is common knowledge that one of the principal tactics of Trump’s presidential campaigns, as well as his presidency, was to incessantly attack the mainstream media as purveyors of ‘fake news,’ including his claim that the media exaggerates the extent of racial division in this country,” the judge continued. “Thus, the video’s references to ‘fake news’ and its depiction of race relations, however distorted, are clearly newsworthy.”

The judge dismissed the clearly frivolous lawsuit against Trump and Cook.

Recently, former President Trump filed a Class Action lawsuit against three Big Tech firms and their CEOs.