Legal Experts Doubt Trump’s Jan. 6 Defense Based on First Amendment


Former President Trump’s legal team is asserting that he has been indicted for actions protected by the First Amendment, and they believe this constitutional right will ultimately clear him of any wrongdoing. However, legal experts disagree with this argument.

Trump’s attorney, John Lauro, emphasized that political speech is highly safeguarded under the First Amendment and asserted that Trump had every right to advocate for his position, even if his claims about election fraud were false.

The indictment acknowledges Trump’s First Amendment right to publicly speak about the election and make false claims about election fraud. However, the focus of the indictment is on Trump’s efforts to prevent the certification of the election, which are alleged to be part of a criminal conspiracy.

While Trump can mount a defense and prosecutors must prove their case, the First Amendment rights don’t necessarily determine the outcome of the criminal charges. Legal experts clarify that engaging in a criminal conspiracy, even if publicly discussed, does not grant immunity for the underlying crime.

The First Amendment’s significance would have been more relevant if Trump were charged with directly inciting the January 6 riot. Political speech enjoys significant protection, and convicting someone for incitement based on protected speech is challenging.

However, the indictment does not include an incitement charge, likely a strategic decision by the special counsel’s office. As a result, there are no significant First Amendment issues expected in this case.

The heart of the matter lies in whether Trump’s actions amount to a criminal conspiracy rather than what he said. While he had the right to claim victory in the election, whether he knew the truth is relevant to understanding his state of mind during the events leading up to the January 6 riot.

In conclusion, while Trump’s legal team relies on the First Amendment to defend his actions, legal experts maintain that this constitutional right does not shield him from potential criminal conspiracy charges. The focus of the indictment is on Trump’s efforts to interfere with the election certification, and the role of the First Amendment is limited in this context.