Trump was charged with four crimes relating to his incitement of the January 6, 2021, attack on the U.S. Capitol and his broader involvement in schemes to overturn the 2020 presidential election.
, Trump is being accused by Smith of “repeatedly…pressuring other government officials to commit criminal acts of election fraud, and it is well established that soliciting another individual to commit a crime is not protected by the First Amendment.” The fact that Smith also showcases that Trump knew his claims were false is another reason why his First Amendment defense may falter, Millhouser said.Mary Anne Franks, a law professor at George Washington University, made a similar assessment.
“Saying a statement in isolation is one thing.
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