Can Trump be convicted of incitement by the Senate based on a speech?
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Can Trump be convicted of incitement by the Senate based on a speech? [Los Angeles Times :: BC-IMPEACHMENT-FREESPEECH:LA]
WASHINGTON The First Amendment’s protection of free speech sets a high bar for convicting someone in court of incitement of a crime or violence a point vigorously argued by those defending former President Donald Trump’s Jan. 6 speech to supporters who attacked the U.S. Capitol.
“Nothing the president said constituted unprotected ‘incitement’ as narrowly defined by the Supreme Court,” said former Harvard Law professor Alan Dershowitz. “It is beyond dispute, therefore, that his speech disturbing as it may have been is within the core protection of political speech.”
WASHINGTON
The 1st Amendment’s protection of free speech sets a high bar for convicting someone in court of incitement of a crime or violence a point vigorously argued by those defending then-President Trump’s Jan. 6 speech to supporters who attacked the U.S. Capitol.
“Nothing the president said constituted unprotected ‘incitement’ as narrowly defined by the Supreme Court,” said former Harvard law professor Alan Dershowitz. “It is beyond dispute, therefore, that his speech disturbing as it may have been is within the core protection of political speech.”
But constitutional experts say Trump will have difficulty pressing a strong free-speech defense in his upcoming Senate impeachment trial on a charge of incitement of insurrection.