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The First Amendment Is No Defense Against Impeachment

The Atlantic
The First Amendment does not limit the removal and disqualification powers conferred on Congress by the Constitution.
February 8, 2021
Getty / The Atlantic
Front and center in former President Donald Trump’s defense this week will be the argument that convicting him and disqualifying him from holding future office would violate his First Amendment rights that it would essentially amount to punishing him for speaking his mind. His new lawyer, David Schoen, has warned that convicting Trump “is putting at risk any passionate political speaker, which is against everything we believe in in this country.”
That is wrong. Even if the First Amendment protected Trump from criminal and tort liability for his January 6 exhortation to the crowd that later stormed the Capitol, it has no bearing on whether Congress can convict and disqualify a president for misconduct that consisted, in part, of odious speech that rapidly and foreseeably resulted in deadly ....

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How to Break the Demagogue Cycle

The Atlantic
The Senate must convict Trump in order to disqualify him from ever holding public office again.
January 16, 2021
Getty / The Atlantic
Later this month, the Senate will come back into session and will soon consider whether to convict Donald Trump, following his bipartisan impeachment by the House of Representatives. The Senate must vote to convict Trump, even though by then he will be out of office and a private citizen. The reason is that only by convicting Trump can the Senate proceed to an even more important vote: to disqualify him from ever holding public office again. And this is absolutely necessary for preserving American democracy in faith with the history, and the principles, that undergird the United States Constitution. ....

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