Lawfare Archive: Why the First Amendment Doesn’t Protect Trump’s Jan. 6 Speech

Lawfare Archive: Why the First Amendment Doesn’t Protect Trump’s Jan. 6 Speech

From October 28, 2022: There's been a lot of discussion about whether Donald Trump should be indicted. Lately, that discussion has focused on the documents the FBI seized from Mar-a-lago or the Jan. 6 committee's revelations about his efforts to overturn the 2020 election. But what about his speech on the ellipse on Jan. 6 when he told a crowd of thousands to “fight like hell,” and they went on to attack the Capitol? Isn't that incitement?

Lawfare executive editor Natalie Orpett sat down with Alan Rozenshtein, a senior editor at Lawfare and an associate professor at the University of Minnesota Law School, and Jed Shugerman, a professor at Fordham Law School. Alan and Jed explained the complicated First Amendment jurisprudence protecting political speech, even when it leads to violence, and why they believe that given everything we know now, Trump may in fact be criminally liable. They also reference Alan and Jed’s law review article in Constitutional Commentary, “January 6, Ambiguously Inciting Speech, and the Overt-Acts Solution.”

To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.

Support this show http://supporter.acast.com/lawfare.

Hosted on Acast. See acast.com/privacy for more information.

Jaksot(2868)

Lawfare Daily: Patronage Pardons: A Conversation with Prof. Lee Kovarsky about a Novel Feature of the Trump Administration

Lawfare Daily: Patronage Pardons: A Conversation with Prof. Lee Kovarsky about a Novel Feature of the Trump Administration

Lee Kovarsky, an endowed chair professor at the University of Texas School of Law, speaks with Senior Editor Roger Parloff about patronage pardons, the subject of his forthcoming article in the Duke L...

27 Helmi 41min

Lawfare Live: Unpacking the Kilmar Abrego Garcia Hearing with Anna Bower

Lawfare Live: Unpacking the Kilmar Abrego Garcia Hearing with Anna Bower

In a Feb. 26 Lawfare Live, Lawfare Editor in Chief Benjamin Wittes and Lawfare Senior Editor Anna Bower discussed the evidentiary hearing in the Kilmar Abrego Garcia criminal case which focused on the...

26 Helmi 28min

Rational Security: The “Off the Rails” Edition

Rational Security: The “Off the Rails” Edition

This week, Scott was joined by Lawfare Managing Editor Tyler McBrien, Lawfare Senior Editor Molly Roberts, and University of Virginia Professor of Law Paul Stephan to talk through the week’s big news ...

26 Helmi 1h 16min

Lawfare Daily: The State of IHL

Lawfare Daily: The State of IHL

Loren Voss, Public Service Fellow at Lawfare, sits down with Stuart Casey Maslen, the head of the IHL in Focus project at the Geneva Academy of International Humanitarian Law and Human Rights. They di...

26 Helmi 21min

Lawfare Daily: Are We Going to War in Iran?

Lawfare Daily: Are We Going to War in Iran?

Lawfare Public Service Fellow Ariane Tabatabai and Eric Brewer of the Nuclear Threat Initiative join Lawfare Editor in Chief Benjamin Wittes in a discussion of the possibly impending U.S. strike on Ir...

25 Helmi 48min

Lawfare Daily: Ideology, Action, and Terrorism in the 1970s

Lawfare Daily: Ideology, Action, and Terrorism in the 1970s

Senior Editor Michael Feinberg is joined by Jason Burke of The Guardian, the author of “The Revolutionists: The Story of the Extremists who Hijacked the 1970s.” The two discuss the roots of European a...

24 Helmi 50min

Lawfare Daily: The Trials of the Trump Administration, Feb. 20

Lawfare Daily: The Trials of the Trump Administration, Feb. 20

In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Eric Columbus, Roger Parloff, and Anna Bower, Lawfare Public Service Fellow Troy Edwards...

23 Helmi 1h 38min

Lawfare Archive: Nick Bednar on Trump's Civil Service Executive Orders

Lawfare Archive: Nick Bednar on Trump's Civil Service Executive Orders

From January 28, 2025: In today’s episode, Lawfare Senior Editor Alan Z. Rozenshtein speaks with his University of Minnesota Law colleague, Nick Bednar, about the wave of Day 1 executive orders affect...

22 Helmi 1h 5min

Suosittua kategoriassa Politiikka ja uutiset

aikalisa
politiikan-puskaradio
rss-ootsa-kuullut-tasta
tervo-halme
ootsa-kuullut-tasta-2
viisupodi
rss-podme-livebox
et-sa-noin-voi-sanoo-esittaa
otetaan-yhdet
rss-asiastudio
rss-vaalirankkurit-podcast
aihe
the-ulkopolitist
rss-sanna-ukkola-show-verkkouutiset
rikosmyytit
radio-antro
rss-mina-ukkola
rss-kovin-paikka
rss-terveisia-seelannista
rss-tasta-on-kyse-ivan-puopolo-verkkouutiset