….“It is important to remember that a gag order is a prior restraint on speech. The First Amendment prohibits prior restraints except in the most extraordinary circumstances, in which important countervailing interests are at stake. In New York Times Co. v. U.S. (1971), the Pentagon Papers case, the Supreme Court rejected such claims by the government and allowed the media to publish sensitive classified information…The marketplace of ideas shouldn’t allow one candidate to take unfair advantage of a questionable conviction while the other candidate has one hand tied behind his back by a questionable gag order. Voters who haven’t yet made up their minds, and who might be influenced by what both Messrs. Biden and Trump have to say about the fairness of the conviction, should consider filing friend-of-the-court briefs so that the justices can consider their interests as well as Mr. Trump’s…The politicization of the courts poses a threat to due process and the rule of law.”
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