Tag: Incitement of Insurrection

February 18, 2021

Trump’s Frivolous First Amendment Defense Won’t Shield Him in a Criminal Case

At his impeachment trial for inciting insurrection, Donald Trump’s lawyers claimed that Trump’s exhortations to his followers before the attack on the Capitol were protected free speech under the First Amendment. But as 143 other constitutional law scholars from across the political spectrum and I collectively noted, that claim was “legally frivolous.” Moreover, the First… Read more »