Is Protected Speech Being Punished? Trump’s Lawyer Argues First Amendment Rights.

Prosecutors in Georgia have charged Trump with election interference and lying to government officials about alleged voter fraud. At a hearing on Thursday, Trump’s lawyer Steven Sadow claimed the charges should be dismissed. Because Trump was engaging in political debate, even if the claims made were untrue.

“Falsity alone is not enough. Clearly, being president at the time, dealing with elections and campaigning. Calling into question what had occurred – that’s the height of protected speech,” Sadow said.

However, prosecutors argued Trump’s comments went beyond protected political rhetoric. “It’s not just that he lied over and over and over again, it’s that each of those was employed as part of criminal activity with criminal intentions,” said Donald Wakeford.

Is Political Debate A Criminal Act?

The key question the judge must determine is whether Trump’s efforts to pressure state officials into overturning the election results transforms protected speech into criminal conduct. While politicians routinely make false or misleading statements, prosecutors say Trump’s role in inspiring other illegal actions takes it to another level.

Trump and others have pleaded not guilty to charges of racketeering and conspiracy. If the case goes to trial, it could set an important precedent on the boundaries between protected speech and election interference. The judge has not yet ruled on the motion to dismiss the charges.

Prosecutors pointed to a similar federal case where a judge rejected Trump’s First Amendment defense. However, the state case raises novel issues that could end up before the Supreme Court. For now, the debate around where to draw the line on protected speech continues.