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The only place where I think the first amendment / political speech argument works is for the actual physical assault on the Capitol. That was not an action Trump took, he didn’t enter the premises, and he didn’t straightforwardly say to do anything illegal. That is where I think you have to let it go.
But pretending the ask to “find” votes is free speech is crazy.
Unfortunately the Brandenburg test (“imminent lawless action”) isn’t too far from that. His actual speech was unethical and selfish, but unlikely to be deemed illegal.
The only place where I think the first amendment / political speech argument works is for the actual physical assault on the Capitol. That was not an action Trump took, he didn’t enter the premises, and he didn’t straightforwardly say to do anything illegal. That is where I think you have to let it go.
But pretending the ask to “find” votes is free speech is crazy.
Well sure I instructed them to commit a crime… but I didn’t say “Simon Says” so it doesn’t count.
Unfortunately the Brandenburg test (“imminent lawless action”) isn’t too far from that. His actual speech was unethical and selfish, but unlikely to be deemed illegal.