Donald Trump has been ordered by two federal judges to limit what he says about the cases against him.
However, legal experts believe that the First Amendment and the fact that he is running for president could potentially make these orders ineffective.
It appears as though Donald Trump may have a strong case for speaking out against his cases due to his position as a presidential candidate.
The First Amendment protects political speech from legal restriction, which means that Donald Trump will be allowed to speak out on matters related to his presidential campaign – even if some of those comments involve details of the court cases he’s involved in.
The University of Michigan Law Professor, Barbara McQuade, commented on this topic and noted that it would take an awful lot for Judge Chutkan to jail Donald Trump because doing so would allow him to portray himself as a victim of persecution.
Mike Davis from Article III Project also weighed in on this matter and stated that “Trump has the best imaginable First Amendment case for talking about the charges against him.”
Ken White, a former federal prosecutor agrees with Davis’ stance and believes Donald Trump should be able to speak out about the charges against him freely.
Joan Meyer from Thompson Hine LLP commented further on this issue by noting that things may get complicated when it comes time for enforcement, particularly when statements are made regarding one of his rivals who is also running against him in 2024 – Mike Pence.
Meyer notes that if there is a colorable claim made by Donald Trump that his statement was simply commentary regarding the presidential race or quality of another candidate then he won’t be seen as being in violation of any court order, despite making comments relevant to trial proceedings.
Although two federal judges have imposed restrictions upon former President Donald Trump regarding what can and cannot be said concerning ongoing trials involving himself, legal experts believe there is ample room within those restrictions for him to make certain statements without facing any consequences thanks largely due to protection offered by The First Amendment when it comes political speech.
