"Ruling against Trump leaves more questions than answers on free speech.
"...As rioting raged in Brooklyn Center, Minn. and nationwide in 2020,
- Congresswoman Waters went to Minnesota and told protesters there that they “gotta stay on the street” and “get more confrontational.”
- Others have used language very similar to Trump’s in declaring elections to be invalid (including Hillary Clinton calling Trump an “illegitimate president”) or urging supporters to “fight” or “battle” against Republicans;
- Rep. Ayanna Pressley (D-Mass.) once said, “There needs to be unrest in the streets for as long as there’s unrest in our lives.”
All of those statements arguably were reckless but clearly protected speech.
...And Judge Mehta does not clearly establish why Giuliani’s “trial by combat” remark or Brooks’ “taking names and kicking ass” exhortation are not calls for imminent violence or lawlessness — but Trump’s “fight like hell” would be.
Because the Constitution, in far too many of our courts, ends where Trump appears. Trumps “Great Reveal” revealed quite a lot about the limited impartiality of our judicial system.--Posted by
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