The Atlantic

The First Amendment Is No Defense for Trump’s Alleged Crimes

The prosecution of Trump for his attempt to overthrow the 2020 election does not threaten freedom of speech, not even a little bit.
Source: Illustration by Paul Spella / The Atlantic. Source: Getty.

In the two weeks since Special Counsel Jack Smith indicted former President Donald Trump for his attempts to overturn the 2020 presidential election, the outlines of Trump’s trial strategy have taken shape. Trump has claimed that the indictment seeks to take away his “FIRST AMENDMENT RIGHTS.” His lawyer, John Lauro, is frantically trying to position his client as a hero of “free speech and political advocacy,” arguing that Trump “had every right to advocate for his position” about the presidential election.

Many high-profile Republicans and conservatives are also coalescing around the First Amendment as their main avenue of attack on the indictment. Elise Stefanik, the fourth-ranking member of the House GOP, that “President Trump had every, the conservative magazine, has accused Smith of trying to And the law professor and legal commentator Jonathan Turley predicts that the indictment will run into the

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