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Wednesday, December 12, 2018

dj trump and the first amendment.

trump has run into trouble with courts for banning twitter users.* he's likely to run into more trouble with peaceful protestors coralled into speech zones. i've heard him talk about the first amendment, with a bit of a mocking tone, if i hadn't imagined that.
*https://en.wikipedia.org/wiki/Knight_First_Amendment_Institute_v._Trump

but the first amendment may turn out to be trump's best friend, at least when it comes to cohen, bimbo eruptions, and tabloids. trump is accused, at least by certain of the media, of criminal campaign finance violations. his defense lawyers, if it gets to that point, can point to the press exception, the principle of leniency, the constitutional avoidance maxim,  and then the first amendment.

citizens united was about hillary. it could be a nice irony if trump ends up protected by the constitution he seems to mock. or maybe he's even sincere; he said he valued the second amendment, but the first amendment is important too. he wasn't wrong. i will try to track down his remarks.

update:
instapundit: BRAD SMITH KNOWS A BOATLOAD ABOUT ELECTION LAW:  “Michael Cohen Pled Guilty to Something That is Not a Crime.” Posted at 10:59 pm by Gail Heriot 
that's how i see it too. the headline that is; i have not yet read the article.  


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