Judge Napolitano to Newsmax: All Political Speech Is Protected

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Douglass Mackey, a social media influencer and Donald Trump supporter, was sentenced to 7 months in federal prison Wednesday involving prank posts on X about Hillary Clinton voters before the 2016 election.

Yet, Kristina Wong, a liberal comedian who made a similar post targeting Trump voters on Election Day in 2016, wasn't prosecuted.

" should be let out of jail and neither should be charged," Napolitano told "Carl Higbie FRONTLINE." "Here are the words of the First Amendment: Congress shall make no law, no law I'm emphasizing, abridging the freedom of speech. Now that has been interpreted to mean anything goes with respect to political speech, even hateful speech, even harmful speech, even speech in support of monsters like Hamas, that is absolutely protected.

In the months leading up to Election Day in 2016, Mackey, 34, posted a series of memes, now deleted, on X — on an account that had about 58,000 followers under the name "Ricky Vaughn," after the character in the "Major League" movies — encouraging Hillary Clinton supporters to cast their votes by text. At least 4,900 people texted that number provided, according to the DOJ.

 

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