The First Amendment protects speech, but Americans don’t have a right to speech that may cause harm.
That’s why former President Donald Trump is still not allowed to speak about prosecutors, individual jurors and court staff – or their families – involved in his New York state hush money trial, a New York appeals court determined on Aug. 1, 2024.
Trump, through his surrogates, continues to complain that the gag orders are unconstitutional and violate his First Amendment right to free speech. Steven Cheung, a Trump campaign spokesperson, labels them “blatantly un-American.”
Let’s be clear: There is no constitutional right to cause harm, even when one is engaging in political speech. When speech is used as a weapon to terrorize, incite violence or undermine democratic principles, it can be stopped and even punished.
I believe the gag orders imposed on Trump are constitutional. They are narrowly tailored so that they provide ample opportunity for him to exercise his First Amendment right to speak.
The First Amendment protects speech, but Americans don’t have a right to speech that may cause harm.
That’s why former President Donald Trump is still not allowed to speak about prosecutors, individual jurors and court staff – or their families – involved in his New York state hush money trial, a New York appeals court determined on Aug. 1, 2024.