….“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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12 results for "tag:first-amendment-framing"
Steven Calabresi: “President Donald Trump's Manhattan Convictions are Unconstitutional: Manhattan District Attorney Alvin Bragg alleged that the documents were allegedly falsely altered to conceal a contribution of money in violation of federal campaign finance laws or in pursuance of winning the 2016 election by defrauding the voters of information they had a right to know. Neither argument passes First Amendment scrutiny. The federal campaign finance laws were partially upheld in Buckley v. Valeo, 424 U.S. 1 (1976)….
Steven Calabresi: “President Donald Trump's First Amendment freedom of speech rights render his recent convictions in a Manhattan New York State trial court unconstitutional.”
https://americanmind.org/salvo/taking-aim-at-the-first-amendment/
https://www.wsj.com/articles/the-first-amendment-threat-in-the-trump-civil-case-af615def
https://themessenger.com/opinion/trump-gag-order-aclu-first-amendment-jack-smith-garland-doj
https://www.breitbart.com/politics/2023/09/20/special-counsel-jack-smiths-expansive-gag-order-would-ban-trump-from-criticizing-biden/
https://www.thegatewaypundit.com/2023/09/trump-scorches-deranged-jack-smith-response-proposed-gag/
Let’s see! My political Opponent, Crooked Joe Biden, tells Merrick Garland and the DOJ to indict and arrest me on bogus charges and accusations, trying desperately to steal the Election. But that wasn’t enough! He now wants Thug Prosecutor, Deranged Jack Smith, to file for a Court Order taking away my first amendment rights, SPEECH. So, based on yet another Radical Left Hoax, I’ll be the only “Politician” in American history not allowed to SPEAK. THE NEVER ENDING WITCH HUNT CONTINUES. MAGA!
Rep. Mike Waltz: “This is a very dangerous time in our history…I think this is a weaponization of post election speech…”
Just had New York County Supreme Court hearing where I believe my First Amendment Rights,“Freedom of Speech,” have been violated, and they forced upon us a trial date of March 25th, right in the middle of Primary season. Very unfair, but this is exactly what the Radical Left Democrats wanted. It’s called ELECTION INTERFERENCE, and nothing like this has ever happened in our Country before!!!
https://www.nysun.com/article/undeterred-by-first-amendment-jack-smith-appears-to-be-getting-creative-in-push-to-charge-trump