"Democracy Dies With the First Amendment"
A president who jails authors, attacks media, and bullies truth-tellers isn’t defending America—he’s dismantling it, one silenced citizen at a time. I was the first, but sadly, I will not be the last!
Guest article by Michael Cohen
“I’ve never seen such a clause in 21 years of being a judge.”
That’s not hyperbole. That’s not a political pundit’s take or an MSNBC talking head getting dramatic. That’s U.S. District Judge Alvin K. Hellerstein, during a teleconference ruling in my own case; the moment when the federal government under Donald J. Trump tossed me back into prison—not for committing a crime, but for writing a fuckin' book.
Let that sink in.
Judge Hellerstein continued: “I make the finding that the purpose of transferring Mr. Cohen from furlough and home confinement to jail is retaliatory, and it's retaliatory because of his desire to exercise his First Amendment rights to publish a book and to discuss anything about the book or anything else he wants on social media and with others.”
Retaliatory. Because I exercised my constitutional right to speak.
The judge called it unprecedented. He said it plainly: the Trump administration’s actions were an attempt to coerce me into silence, essentially telling me, “You toe the line about giving up your First Amendment rights, or we’ll send you to jail.”
And they did.
This isn’t North Korea. This isn’t Iran. This isn’t Russia. This is the United States of America—allegedly. Because under Trump, that sacred First Amendment, the very heartbeat of democracy, is nothing more than an obstacle to bulldoze.
And now, once again, the Trump camp is gearing up to bring it all back—only this time, if we don’t pay attention, it won’t just have been me.
It’ll be you.
Don’t believe me? Just look at what they’re already trying to do:
Start with Voice of America—a U.S. government-funded news outlet broadcasting factual, uncensored journalism across the globe since 1942. A symbol of American ideals and freedom, used to puncture authoritarian disinformation. Trump and his cronies tried to turn it into their personal Pravda. The courts, again, had to step in. But what happens when the courts stop holding the line?
The banning of press credentials. The open lawsuits against ABC, CBS, and 60 Minutes. The legal intimidation of Ivy League schools for “radicalizing” students. The targeting of protestors labeled “illegal” for speaking out. Trump’s war on speech isn’t metaphorical; it’s a live wire, and it's burning through every institution that used to safeguard truth.
He even went after law firms—not because they broke laws, but because they dared represent clients he didn’t like. Chris Krebs, who told the truth about the 2020 election, got fired and slandered. Myles Taylor, who penned an anonymous op-ed calling out Trump’s recklessness, got harassed. These weren’t political disagreements; they are acts of war against dissent.
What happens as Trump seeks to increase the power of the presidency—this time using the judiciary he packed with loyalists instead of constitutionalists? What happens when there’s no Judge Alvin Hellerstein to say, “Enough is enough”?
I’ll tell you.
You lose your ability to protest. Your press gets gutted. Investigative journalism becomes espionage. Student protests become terrorism. Books are banned—or worse, never written. The line between "illegal speech" and "unflattering truth" disappears.
A satirical tweet? Jail.
A peaceful protest sign? Felony.
A critical op-ed? Sedition.
And the First Amendment? It becomes a memory. A relic of a once-great democratic experiment.
What follows is not democracy—it’s Trumpocracy. One where he is judge, jury, and algorithm. One where loyalty to him replaces loyalty to the Constitution. One where fear, not freedom, controls speech.
Imagine a country where every newspaper reads like Truth Social. Where comedians are charged with treason. Where journalists must register with the state to be “approved.” Where students are investigated for “un-American ideologies.” Where your group chat becomes evidence, and your silence is assumed guilt.
This is not a movie script. This is where we’re headed if this keeps going.
Because when the First Amendment dies, the Second doesn’t protect you. Nor the Fourth, the Fifth, the Fourteenth. You cannot defend democracy if you are forbidden from speaking about it.
This is not alarmism; it’s history repeating itself, wearing a red hat and holding a Sharpie. This is real—I lived it. Lived it in solitary confinement.
So ask yourself: When the courts can no longer stand between your voice and Trump’s vengeance, what will be left of America?
Nothing but the echoes of a failed republic.
A 250-year experiment snuffed out.
Not by war, not by foreign invasion—but by a man with a microphone, a vendetta, and an army of enablers.
And we let it happen.
Unless we speak. Loudly. Now. While we still can.
(Kindly consider supporting this platform and all independent journalists here on Substack. Plus, the first 240 Founding Members to this platform receive a rare, signed, numbered edition of my NYT Bestseller “Revenge: How Donald Trump Weaponized The U.S. Department Of Justice Against His Critics.” Join now!)
IMPORTANT MESSAGE: I am also asking every one of my Substack subscribers to help us grow this community to become the voice of power. Please help by sharing this account with your family and friends. Ask them to read and watch all my Substacks, to join the conversation, to share their commentary, and be a part of this community.
United we stand!
You’re right. I am sad to say. He needs to be impeached and thrown in jail in Nicaragua
This needs to be NYT opinion