….“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…”
Video transcript
Well, look, I think this is a very dangerous time in our history. I think this is an incredibly concerning, I do think this is a weaponization of post-election speech, and I have to say, all of the people who claim that the 2016 election wasn't legitimate, all of the people who claimed in 2004 with a formal objection in the Congress, that that election wasn't legitimate and in fact objected to the point where they said that the voting machines in Ohio were tampered with and that President Bush was selected, not elected, and not to mention former presidents of the United States and Secretary of State Hillary Clinton, Jimmy Carter, and a whole slew of House Democrats who repeatedly led the nation to believe, lied to the nation, that they said Russia selected Donald Trump as president, that the election was completely illegitimate. All of that was allowed to pass, but yet once again, we see a criminalization when it comes to Donald Trump, and I think, guys, you're going to have all kinds of analysts on here diving into the weeds on the Electoral Count Act, on the Presidential Records Act, on all kinds of interpretation of the law, but I hope you don't lose the forest for the trees, that this is dangerously badly eroding public trust in the fairness of the law and the fairness of the Department of Justice and in our institutions, and that is someone who's out on the ground talking to voters every day and every week.
Transcribed automatically. Expect errors in names and numbers.
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