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    Commentary: We’ve defended Trump’s 1st Amendment rights. But his latest claims about the Jan. 6 indictment are nonsense

    Does the 1st Amendment shield Donald Trump from prosecution for conspiracy to obstruct the 2020 election results? Trump’s lawyer has proclaimed the indictment “an attack on free speech and political advocacy.” He says Trump thought there was voter fraud, and “as a president, he’s entitled to speak on those issues.” And the indictment by special counsel Jack Smith does repeatedly cite Trump’s ...
    by David Cole and Ben Wizner, Los Angeles Times Aug 16, 2023 3 minutes
    Former U.S. President Donald Trump sits with his attorneys Joe Tacopina and Boris Epshteyn inside the courtroom during his arraignment at the Manhattan Criminal Court April 4, 2023, in New York City. Trump pleaded not guilty to 34 felony counts stemming from hush money payments made to adult film star Stormy Daniels before the 2016 presidential election.

    Does the 1st Amendment shield Donald Trump from prosecution for conspiracy to obstruct the 2020 election results?

    Trump’s lawyer has proclaimed the indictment “an attack on free speech and political advocacy.” He says Trump thought there was voter fraud, and “as a president, he’s entitled to speak on those issues.” And the indictment by special counsel Jack Smith does repeatedly cite Trump’s false public statements about voter fraud. Is Trump right to claim free speech as a defense?

    As American Civil Liberties Union lawyers,

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