Two media organizations filed a federal lawsuit on August 12 seeking to block a new service from Truth Social that offers paid early access to posts by President Donald Trump and other high-profile users. The lawsuit, brought by The Intercept and the Freedom of the Press Foundation, targets the service Truth API, which charges up to $100,000 per month for subscribers to receive posts seconds before they appear publicly on the platform.
The plaintiffs allege the service violates the First Amendment by granting preferential access to Trump’s official statements and the Fifth Amendment by providing access for "unreasonable sums." The complaint was filed in the U.S. District Court for the Southern District of New York and names Trump in his official capacity as president, along with two White House aides—Natalie Harp (executive assistant) and Dan Scavino (deputy chief of staff)—as defendants. The Executive Office of the President and the White House Office are also named.
Truth API, launched on August 1, provides a licensed, real-time feed of posts from Trump and nine other influential Truth Social accounts, including those of Donald Trump Jr., Eric Trump, JD Vance, and Robert F. Kennedy Jr. The service is primarily marketed to high-frequency trading firms, which rely on millisecond advantages to execute trades based on market-moving information. According to a July 16 statement from Kevin McGurn, interim CEO of Trump Media & Technology Group (TMTG), the company had signed more than 10 customer agreements for Truth API, with rates ranging from $60,000 to $100,000 per month.
The lawsuit argues that the service creates a financial incentive for Trump to post official government announcements on Truth Social first, prioritizing subscribers over the general public. It also claims that many of Trump’s 9,000 to 11,000 posts during his second term were never followed by official White House statements, raising concerns about the selective dissemination of policy-related information.
TMTG Responds: Service is Industry Standard
In a statement, a TMTG spokesperson defended Truth API, stating that selling fast access to information is common across platforms and news outlets. The company argued that the lawsuit is an attempt by "left-wing activists" to censor Trump and harm shareholders. The statement noted that Trump’s posts are disseminated by "countless platforms and news outlets," many of which offer subscription-based early access services.
Legal and Political Reactions
The lawsuit follows a August 8 letter from Senators Elizabeth Warren (D-MA) and Adam Schiff (D-CA) to the U.S. Securities and Exchange Commission (SEC), requesting an investigation into whether Truth API undermines financial market integrity by allowing certain firms to profit from non-public information. The senators argued that the service could enable insider trading and give wealthy subscribers an unfair advantage.
Seth Stern, chief of advocacy at the Freedom of the Press Foundation, called the service "profoundly corrupt" and "unconstitutional," stating that a president selling priority access to his own statements for personal profit is a violation of democratic norms. The lawsuit seeks to block the White House from posting official announcements exclusively on Truth Social while the paid feed exists.
Background: Truth Social’s Declining Traffic and Revenue Pressures
The lawsuit comes as Truth Social faces declining user engagement. According to Similarweb, monthly visitors to the platform dropped 36% in July 2025 compared to the same period in 2024. The platform, which Trump uses to make official White House statements and personal posts, has seen its stock price decline since going public. TMTG reported hundreds of millions in losses in recent quarters, increasing pressure to monetize its user base.
Truth API represents one of several revenue streams TMTG is exploring, including advertising and subscription models, to offset financial losses. The company has emphasized that the service is designed to monetize proprietary assets and create a high-margin, recurring revenue stream for shareholders.
What’s Next?
The lawsuit requests an emergency injunction to halt Truth API pending a court ruling. Legal experts note that the case could hinge on whether courts view Trump’s posts as official government communications subject to constitutional equal-access requirements or as private speech protected under the First Amendment. The outcome may set a precedent for how future administrations use social media platforms to disseminate policy announcements.
A spokesperson for the White House declined to comment on the lawsuit.