Limits on Speech – Trump’s Move Puts Legal Principles to the Test

( – Former President Donald Trump and his lawyers filed a counterproposal to Special Counsel Jack Smith’s protective order proposal to limit which evidence Trump is allowed to publicly discuss, and Smith is asking the court to throw it out.

According to Smith, the order proposed by the Justice Department is “standard” procedure and “reasonable,” while Trump and his team contest it as infringing on the former president’s right to free speech.

During his arraignment, the former president pleaded not guilty to the four charges brought against him, alleging an attempt by Trump to stay in power after President Joe Biden won the 2020 election. Afterward, a request was filed by the DOJ to the U.S. District Judge overseeing the case, Tanya Chutkan, for a protective order to be placed over which evidence Trump should be permitted to discuss publicly.

In a Monday court filing, Trump and his defense team argued that the proposal by Smith is too broad and infringes on Trump’s First Amendment rights. The former president’s lawyers pitched a new proposal to counter the DOJ’s attempt to stop Trump from publicly discussing evidence they deem “sensitive.”

Smith responded that the initial order was “standard and reasonable” and “will streamline the flow of discovery” for Trump “while preserving” the proceedings’ integrity. He called Trump’s filing “unreasonable” and said the former president was attempting “to facilitate his plan” to use the media to “litigate this case” rather than in a courtroom. Smith says the language in the counterproposal would give Trump “boundless” opportunities to share evidence without limitations.

Some believe the Jan. 6 case against Trump isn’t very strong, and there’s existing testimony that sheds doubt on the official narrative.

Shortly before Fox News unceremoniously fired Tucker Carlson, the former Fox host recorded an interview with Steven Sund, the former U.S. Capitol Police Chief. The former police chief said the withholding of intelligence and National Guard support on Jan. 6 is why the storming of the Capitol took place, which he said “didn’t have to happen.” Sund also suggests that some in power may have “wanted something to happen” and that a cover-up took place in order to spin the events against Trump.

It seems Smith will have an uphill battle convincing the court and the public that Trump organized an insurrection.

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