Keep Factually independent

Whether you agree or disagree with our analysis, these conversations matter for democracy. We don't take money from political groups - even a $5 donation helps us keep it that way.

Loading...Goal: 1,000 supporters
Loading...

Fact check: Has anyone been prosecuted for criticizing Donald Trump publicly?

Checked on September 18, 2025

1. Summary of the results

The analyses provided do not indicate that anyone has been prosecuted for criticizing Donald Trump publicly [1] [2] [3]. However, there are reports of the Trump administration targeting and threatening federal judges for ruling against the administration [1], and investigations into special counsel Jack Smith for alleged illegal political activity [2]. Additionally, Trump has brought a $15 billion lawsuit against The New York Times for defamation and libel, which could be seen as an attempt to silence critics [4] [5]. Some sources suggest that the Trump administration is attempting to censor critics, including Jimmy Kimmel and Mahmoud Khalil, through various means [6]. The importance of protecting free speech and the First Amendment is highlighted in several sources, even for speech that may be considered hurtful or offensive [7] [8] [9].

2. Missing context/alternative viewpoints

A key missing context in the original statement is the distinction between prosecution and civil lawsuits. While there is no evidence of prosecution for criticizing Donald Trump, there are reports of civil lawsuits and attempts to silence critics through other means [4] [5]. Alternative viewpoints include the importance of protecting free speech and the First Amendment, even for speech that may be considered offensive or disagreeable [7] [8]. Some sources also highlight the dangers of creating a 'hate speech' exception to the First Amendment [8]. The Trump administration's attacks on the media and desire to revisit libel laws are also relevant context [9]. Multiple stakeholders benefit from the protection of free speech, including the media, critics of the Trump administration, and the general public [7] [8] [9].

3. Potential misinformation/bias in the original statement

The original statement may be misleading in implying that prosecution for criticizing Donald Trump is a common occurrence, when in fact, there is no evidence to support this claim [1] [2] [3]. The statement may also be biased towards implying that the Trump administration is actively prosecuting critics, when in fact, the evidence suggests that the administration is attempting to silence critics through civil lawsuits and other means [4] [6] [5]. The media and critics of the Trump administration may benefit from the perception that the administration is prosecuting critics, as it could be used to mobilize public opinion against the administration [4] [6] [5]. On the other hand, the Trump administration may benefit from the lack of evidence of prosecution, as it could be used to argue that the administration is not actively silencing critics [1] [2] [3].

Want to dive deeper?
What are the limits of free speech when criticizing public figures like Donald Trump?
Have any journalists or media outlets been sued by Donald Trump for defamation?
Can public figures like Donald Trump use libel laws to silence critics?
What was the outcome of the Stormy Daniels lawsuit against Donald Trump?
How does the First Amendment protect satirical content criticizing public figures like Donald Trump?