Nearly 150 Constitutional Scholars Reject Trump's Defense: 1st Amendment Does Not Apply... [View all]

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Nearly 150 Constitutional Scholars Reject Trump’s Defense: ‘The First Amendment Does Not Apply in Impeachment Proceedings’
Colin KalmbacherFeb 5th, 2021, 5:43 pm


Former president Donald Trump has no First Amendment defense in his upcoming U.S. Senate impeachment trial, according to nearly 150 constitutional scholars.

In an open letter released Friday, dozens of law professors and First Amendment litigators sought to disabuse the 45th president and his defense team of the suggestion that the First Amendment even applies to his case soon to come before the upper chamber.

“The First Amendment is no bar to the Senate convicting former president Trump and disqualifying him from holding future office,” the letter reads, before explaining that the authors have numerous legal and political differences but are nonetheless united in their understanding of the law on this point. “The First Amendment does not apply in impeachment proceedings, so it cannot provide a defense for president Trump.”

On Tuesday, Trump filed his official response to the Democrats’ impeachment brief, outlining a planned First Amendment defense.

“Like all Americans, the 45th president is protected by the First Amendment. Indeed, he believes, and therefore avers, that the United States is unique on Earth in that its governing documents, the Constitution and Bill of Rights, specifically and intentionally protect unpopular speech from government retaliation,” the filing noted. “If the First Amendment protected only speech the government deemed popular in current American culture, it would be no protection at all.”

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https://lawandcrime.com/impeachment/nearly-150-constitutional-scholars-reject-trumps-legal-defense-the-first-amendment-does-not-apply-in-impeachment-proceedings/