Tommy Tainant
Diamond Member
Trump has no serious first amendment defense in a court of law. Hereâs why | Laurence H Tribe and Dennis Aftergut
Words that criminal defendants have written or spoken are used against them all the time. Perhaps you’ve heard of a confession?
www.theguardian.com
Hence, it’s worth a bit of a dive into why Trump has no serious first amendment defense in a court of law to the charges set forth in the masterful, 1 August DC grand jury indictment in which he’s charged with conspiring to overturn the 2020 election.
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 “t’s now a standard item on lists of First Amendment exceptions.”
The article makes serious points that make a lot of sense. A first amendment defence is a defence to things he isnt being charged with.
If you stretch the concept of speech to this extent then speech itself becomes meaningless.
Creating fake electors isnt "speech" its criminal conspiracy. I would expect his legal team to find something more substantial before trial.
Otherwise it will be over very quickly.
Last edited: