Donald Trump’s attorneys are working against efforts in Colorado to prevent his candidacy in the 2024 election with the “insurrection” clause from the Constitution. They claim that such attempts infringe upon his freedom of speech, raising complex legal questions surrounding his eligibility.
Freedom of Speech Defense
At this point, it’s well known that the 14th Amendment is being used to attempt to ban potential felon Donald Trump from running for office. In a new development, the former president’s legal team is vehemently arguing that the efforts to disqualify him with the clause in question violate his freedom of speech rights.
A Crucial Strategy
Moreover, Trump’s defense argues that the 14th Amendment is applicable to individuals who “engaged in insurrection or rebellion,” not individuals who instigated such actions. This distinction will play a crucial part in their legal strategy.
Colorado Election Law
Trump’s lawyers also claim that the challenge should be dismissed as the former president is not yet technically a candidate under Colorado election law. They say that such laws are not designed to resolve constitutional disputes.
The First Amendment Shield
Trump’s legal team has invoked Colorado’s anti-SLAPP (Strategic Lawsuits Against Public Participation) law, which shields individuals from lawsuits that target them for engaging in protected First Amendment activities.
Supreme Court Potential
Denver District Judge Sarah B. Wallace has scheduled a hearing on the anti-SLAPP motion for October 13th, with a hearing on the constitutional issues slated for October 30th. Whatever the outcome, the matter is likely to eventually reach the U.S. Supreme Court.
A Unique Challenge
The uniqueness of the Colorado suit arises from the fact that it was the first one filed by an organization possessing substantial legal resources – Citizens for Responsibility and Ethics in Washington. A similar challenge to Trump’s candidacy has been filed by another group, Free Speech for People, in Minnesota.
The Historical Context
Section Three of the 14th Amendment was originally formulated to prevent former Confederate officials from assuming congressional roles and influencing the government. Trump’s reliance on freedom of speech echoes his defense in criminal cases stemming from his involvement in the January 6th attack. In those cases, he argues that he was attempting to draw attention to what he perceived as an unfair election.
The Internet’s Response
News of Trump’s free speech defense was shared across social media and, for the most part, people were highly critical. “Mr. Trump would be the last person you would want to ask about the Constitution. That and the Bible are things he never read,” one person wrote.
Not a First Amendment Issue
Others pointed out that Trump did want to participate in the events of Jan 6th. One such commenter wrote: “He literally said he was going to walk down to the Capitol with them on Jan 6th. His intentions were to go there but his SS detail wouldn’t take him. That’s not a First Amendment issue.”
Freedom From Consequences
Plenty of people drew a line between freedom of speech and being free from the consequences of one’s words. “Freedom of speech doesn’t mean freedom from the consequences of that speech,” one person wrote. “Unfortunately, freedom from consequences is exactly what being a Republican is about,” another replied.
The Events of Jan 6th
One person recounted the events of the Jan 6th attack. “On Jan 6th, a large mob attacked the U.S. Capitol to try to stop the peaceful transfer of power. The goal was to prevent Biden from being sworn in and to have Trump remain. That is an insurrection” they began.
Trump Praised the Insurrectionists
The commenter continued: “What was Trump’s response? When several people called him to beg him to call off the attack, he refused. When the attackers were charged with sedition and conspiracy, he praised them.”
Patriots and Praise
The commenter concluded: “Trump said he ‘loved’ them, called them patriots, and pardoned some of them. He has promised to pardon more of them if he is reelected. That sounds a lot like ‘giving aid and comfort’ to the insurrectionists. In a strict reading of the law, he should be barred from running again for any office.”
Running to Stay Out of Jail
One person said that Trump has no idea what he’s doing and is only running for the presidency in an attempt to stay out of prison. They wrote: “People keep claiming he knows exactly what he’s doing. I say [he doesn’t]. He’s always been a moron who’s never understood anything because he’s so self-absorbed and doesn’t actually care about anyone but himself and money. He really is running to stay out of jail.”
Supporting the Lunacy
Others pointed out that the former president is essentially admitting to his crimes. “It’s wild. At this point, he’s just outright admitting he did it all. Just making excuses about why he can’t be punished for it. What’s awful is his followers are hearing this and still supporting this lunacy,” one person wrote.
Words vs. Actions
Another commenter wrote: “He isn’t being indicted for what he said, but for the actions he took to overturn the election like implementing fake electors and attempting to get the Republicans to throw the electoral counting back to those swing states. I know you will never be able to convince a MAGA hat of the facts but still needs to be said.”
A Hypothetical Second Term
Some people imagined a hypothetical second Trump term. “Trump has never allowed himself to understand the harm he did on January 6th by inciting his supporters to be violent. What he did was wrong. If he is elected again, he will be just as arrogant and lacking in leadership ability as he was during his previous term,” one individual wrote.
Misusing the First Amendment
Others accused Trump of misusing the First Amendment. One such individual said: “He is misusing the First Amendment and it will get shut down just like most of his twisted legal arguments. Of course, he doesn’t believe others have First Amendment rights and argues that they are traitors.”
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