Tuesday, August 15, 2023

Trump has no serious first amendment defense in a court of law. Here’s why | Laurence H Tribe and Dennis Aftergut | The Guardian

The law puts it this way: "Speech integral to criminal conduct" is not protected speech. UCLA Law professor and first amendment scholar Eugene Volokh has written that "[i]t's now a standard item on lists of First Amendment exceptions."

In the imagined robbery at Chase, the threatening note is integral to the crime of walking into a bank and taking the loot. In parallel, in the DC grand jury's indictment, Trump's claims that the election was stolen were integral to the conspiracy, the agreement with others and the acts of working in concert with them to unlawfully obstruct the January 6 congressional certification of President Joe Biden's election. Surprise, surprise! Trump used words to do that...

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