Breaking news: Former president Donald Trump can be held liable in court for the actions of the mob that overtook the U.S. Capitol on Jan. 6, 2021, the Justice Department said Thursday.
whether Trump was doing his job when he drew thousands of supporters to Washington with falsehoods and told them they had to “fight like hell” to keep Congress from certifying the results of the 2020 election. Undecided, it asked the Justice Department to offer an opinion.Now it has. “Presidents may at times use strong rhetoric. And some who hear that rhetoric may overreact, or even respond with violence,” the Justice Department attorneys said, referencing a concern raised at oral argument.
that speech “directed at inciting or producing imminent lawless action” or “likely to incite or produce such action” is not protected by the First Amendment.“Just as denying First Amendment protection to incitement does not unduly chill speech in general, denying absolute immunity to incitement of imminent private violence should not unduly chill the President in the performance of his traditional function of speaking to the public on matters of public concern,” the attorneys wrote.
The district court that first heard this suit already ruled that the First Amendment does not protect Trump’s conduct.
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