Former President Donald Trump is about to learn once again that the First Amendment, while sweeping in its protections of speech from government interference, isn’t absolute. Based on arguments at the Washington, D.C., Circuit Court of Appeals on Monday, it seems likely that the appellate court will at least partially reimpose a gag order against Trump in the federal election interference case. While the order would limit what Trump can say, it would allow others to speak the truth.
Last month, District Judge Tanya Chutkan imposed a limited gag order against the former president, which prohibited him from disparaging the court staff, the special prosecutor and his staff and likely future witnesses. The order was far narrower in scope than the one requested by prosecutors: Chutkan declined to include statements that Trump may make about Washington, the Justice Department in general, the federal government more broadly or the judge herself.
When Trump, the criminal defendant, and yes, the political candidate, speaks, he attempts to silence others.
Chutkan’s order struck a delicate balance between the First Amendment rights of a political candidate and the need to protect the administration of justice. As Chutkan noted, Trump’s “presidential candidacy does not give him carte blanche to vilify and implicitly encourage violence against public servants who are simply doing their job.”
Trump appealed the order, and the circuit court put it on hold while it considers the case. On Monday, a three-judge panel of appellate judges heard arguments about the gag order — and it didn’t go well for Trump. The judges appear very likely to uphold the order, while potentially limiting its scope.
Trump and his team focused on his speech rights and incorrectly asserted that, unlike every other person in this country, the former president possesses an “absolute freedom” to say what he wishes. This freedom, they argued, holds no matter how much he threatens court staff…
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