President Donald Trump is being sued over a new Truth Social service that sells early access to his posts to the tune of up to $100,000 a month.
The lawsuit filed Wednesday in a New York federal court by two media entities—The Intercept and the Freedom of the Press Foundation—claims the Truth API service offered by the Trump Media and Technology Group (TMTG) is “profoundly corrupt,” as the President “stands to gain financially by giving “market-moving” government information to those who are willing and able to pay his personal company.”
Since launching on Aug. 1, the service is offering paying subscribers early access to posts from high-profile accounts, including Trump’s own, which boasts 13 million followers. TMTG previously said the commercial data feed will deliver posts to its customers in “milliseconds” and said it has been designed “for organizations most impacted by the cost of a delay in information.”
The President has a history of disclosing market-sensitive news on the platform, from the announcement of tariffs to updates on the Iran war and the status of the Strait of Hormuz.
"Markets already move on Truth Social posts," said Kevin McGurn, interim chief executive Officer of TMTG, ahead of the service’s launch. "Truth API delivers a direct, licensed, real-time feed of the platform's most market-moving Truths while advancing our strategy to monetize proprietary assets through a high-margin, recurring revenue stream.”
The lawsuit is aiming to prohibit the White House from posting official government announcements exclusively on Truth Social so long as the paid service exists.
Trump and other White House officials are listed as defendants but TMTG is not. (Trump holds the largest stake in TMTG through a revocable trust which owns around 41% of the company.)
TIME has reached out to the White House and TMTG for comment.
The legal challenge lands in the midst of mounting backlash over the data feed, as Democratic lawmakers have already called for probes into the service, citing concerns over potential market impacts.
Here’s what you need to know:
What exactly does the lawsuit say?
The complaint argues that the Truth Social early access service violates the First and Fifth Amendments of the U.S. Constitution.
“The First Amendment guarantees equal access to the President’s public announcements, and even content-neutral burdens on that access must be narrowly tailored to serve a significant government interest,” the lawsuit reads.
“Similarly, the Fifth Amendment prohibits charging unreasonable sums that cannot be justified to offset the cost of the government benefit, and granting preferential access to crucial government information for arbitrary and irrational reasons, as is the case here.”
The lawsuit further argues that Trump has “published between 9,000 and 11,000 posts or reposts on Truth Social” and that “often” his announcements have “no immediate corresponding announcement from the White House,” suggesting that “Trump’s posts are the only way to get official government news.”
The plaintiffs, according to the complaint, are bringing forward the case to prohibit the President from personally profiting from selling privileged access to information generated in his official capacity.
Additionally, the complaint argues that the service allows “other organizations to get a competitive advantage over The Intercept and its reporters.”
The plaintiffs are asking the court to declare the exclusive posting of official information to Truth Social while the paid API exists as unconstitutional, to enjoin Trump and White House officials from continuing that exclusive-posting practice, and to award legal fees and any further relief the court may deem just and proper.
“The President’s public statements are for the public, not a wealthy few. Our democracy depends on upholding the Constitution and enjoining Trump’s corrupt scheme,” said Brendan Ballou, a lawyer representing the media entities.
The suit also names Natalie Harp, executive assistant to the President and White House deputy chief of staff Daniel Scavino, who both have access to Trump’s Truth Social account, according to the lawsuit. It also names the Executive Office of the President and the White House Office.
Democratic lawmakers rally against Truth Social's early access service
The paid service has also drawn scrutiny from Democratic lawmakers since it was first announced in July.
Senators Adam Schiff of California and Elizabeth Warren of Massachusetts on July 28 urged the Securities and Exchange Commission (SEC) to investigate possible insider-trading and market-manipulation implications because of the release of Truth API.
“Trump Media’s new service threatens to undermine the integrity of capital markets. Because of this service, social media posts about the President’s opinion or policy intent will not be available to the public or ordinary investors at the same speed as Wall Street firms and wealthy insiders paying for access,” the Senators wrote.
They requested the SEC respond and answer their questions prior to the Aug. 1 launch.
It’s unclear if any such responses were received by the deadline.
TIME has reached out to Warren and Schiff for comment.
In a July 30 letter, Rep. Jamie Raskin of Maryland detailed the opening of a House Judiciary Committee minority investigation into the Truth Social service, demanding Trump Media’s communications with officials, customer identities, pricing, marketing materials, internal eligibility policies, and revenue projections.
Sen. Warren, meanwhile, has continued to speak openly of her concerns over the early access feed.
At an Aug. 6 hearing entitled "Empowering Main Street by Unlocking Access to Capital,” she asked four witnesses to raise their hands if they believed Trump selling faster access was good for market integrity. None did.
Warren went on to criticize both Trump and Paul Atkins, the chairman of the SEC. (The SEC's three current commissioners are Republican.)
“It’s been about 15 months since Paul Atkins was sworn in to lead the Trump SEC. At every turn, he has let scammers off the hook and rolled back the rules that protect investors from getting cheated. Corruption. Corruption. Corruption,” she claimed.
An SEC spokesperson declined to comment when contacted by TIME.