Trump's Free Speech Defense Challenged in Election Subversion Trial

Former President Donald Trump is seeking to defend himself against federal criminal charges of attempting to overturn the 2020 election by arguing that his actions were political advocacy protected by the First Amendment. Trump's defense lawyers claim that he has the right to state that the election was stolen and advocate for Congress and government officials to act accordingly. Prosecutors argue that the First Amendment does not protect "fraudulent speech" and that Trump used advocacy as a cover to obstruct the election's certification. Legal experts believe that while Trump may be constrained in his arguments at trial, his defense may rely on the uncertain line between advocacy and criminal conduct. The trial is scheduled to begin in March 2024.
- Trump's free speech defense may fall short in election subversion trial Reuters
- Special counsel urges judge in federal election interference case to reject Trump’s dismissal attempts CNN
- DOJ: Trump attempting to 'sanitize' his Jan. 6 conduct in motions to dismiss case The Hill
- DOJ says it doesn’t matter if Trump believed his own election lie The Washington Post
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