In his second DOJ indictment, Trump may argue his actions are protected by the First Amendment. Will this defense work? See perspectives across the spectrum from NRO, Newsweek, and nytopinion:
is that he spread “knowingly false claims” following the 2020 election. If Trump believes he won the election, he could argue his actions are protected under the First Amendment. that Trump could successfully argue his actions are protected under the First Amendment “unless the government can prove beyond reasonable doubt that he actually knew and believed he had lost fairly.”editorial board wrote, “Demonstrating Mr.
” The board drew a distinction between Trump’s words and Trump’s actions, arguing, “As much as defense lawyers are trying to frame the case as an attack on Mr. Trump’s free speech, the indictment makes clear that it was his actions after Election Day that were criminal.”editorial board argued the indictment seeks to “criminalize protected political speech” and “shouldn’t stand.
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