Emergency Edition: The Trump Jan. 6 Indictment
The Lawfare Podcast
00:00
The Politics of Incitement to Violence
If you charge it specifically, you have all kinds of First Amendment issues. But if you simply fold it into the conspiracy, you can talk all about Trump's conduct vis-a-vis the violence,. You can talk about the speech, but it raises no First amendment issues. So I would imagine that Trump is probably going to try to raise a First Amendment defense regardless. We'll see how well that does.
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