Judge Chutkan’s ruling on Trump’s speech tests the First Amendment.
The Fight for Freedom of Speech
Our Founding Fathers bravely broke away from England because their God-given rights were being trampled by an imperious king. The story of their struggle can be found in the Declaration of Independence. But the fight for freedom of speech continues today, as former President Donald Trump faces an unconstitutional gag order imposed by federal Judge Tanya Chutkan. This order prevents him from criticizing certain government officials, including the judge herself and the Biden Justice Department officials who are bringing charges against him.
When Lady Justice uses her blindfold to silence the voice of a citizen dragged into court by his political opponent’s henchmen, the scales of justice come crashing down. Whether you love or hate Trump, whether you believe him to be guilty or innocent, the violation of his fundamental rights in the public eye should serve as a warning of what could happen to any individual in a courtroom.
Judges and prosecutors have a direct impact on the lives of Americans. Yet, the attention given to their elections or appointments is often minimal. The power they hold is now evident.
Trump finds himself entangled in numerous legal challenges. Some Democrats argue that he brought them upon himself, while Republicans express concern over the excessive focus on the one person who poses the greatest threat to President Joe Biden. It is no coincidence that Biden shares the same ideology as the prosecutors and judges involved in these cases.
Voices from the left claim that the judge’s gag order applies to the government as well, making it fair. However, there is a significant difference between prosecutors, who willingly give up some of their free speech rights by becoming lawyers, and Trump, a private citizen dragged into court. A gag order should be used cautiously, even in cases that do not involve presidential candidates.
The Battle for the First Amendment
At first glance, this trial may seem to revolve around the former president. However, by preventing the leading presidential candidate from criticizing the Justice Department’s attempt to imprison him, the First Amendment itself is on trial. This is just the latest example of those in power using every available means to maintain their positions.
King George and his royal ministers relied on soldiers clad in red to secure their position. Similarly, Biden and his party’s minions are counting on judges wearing black to carry out their agenda. John Adams, a thorn in the king’s side, once said, “The liberty of speaking and writing guards our other liberties.”
In that spirit, the U.S. Supreme Court has ruled that the First Amendment prohibits the government from punishing citizens for engaging in political speech. If this limitation applies to the legislative branch, it certainly applies to the executive and judicial branches as well. And Trump is undoubtedly engaged in political speech.
Manipulating the Law
Those who defend the gag order argue that potential jurors should not see comments about the Trump trials. However, they conveniently forget that nearly everyone already has an opinion about Trump. Gag orders are only effective when the jury pool knows little about a case.
Furthermore, if the judge were genuinely concerned about improper publicity, she would hold the federal prosecutors accountable for the numerous illegal leaks surrounding the Trump investigations.
Gag orders are not always inappropriate. I once represented a judge in a murder trial where a newspaper challenged the gag order. In my arguments, I acknowledged that carefully and cautiously weighed and drafted gag orders can be constitutional. However, it is crucial to use them with precision, as a scalpel rather than a chainsaw.
Trump’s gag order relies on the landmark U.S. Supreme Court case of Sam Sheppard, a doctor accused of murdering his wife. However, the court’s concern in that case was for the rights of the defendant himself, not the judge or the prosecutors who were playing to the press and voters.
Here, the judge seeks to protect the prosecutors, claiming that she cannot imagine any other criminal case where a defendant is allowed to call the prosecutor deranged. As a prosecutor for two decades, I can attest that criticism of our work is commonplace. We are public officials, and as long as it does not involve defamation or threats, people can call us any name they want. Most of us pay more attention to actual danger from criminals seeking revenge, so ordinary criticism usually sounds like nonsense and whining.
Which brings us back to former President Trump. While it may not be the wisest legal strategy for him to speak openly about his cases, he is entitled to do so. The judge he seeks to criticize should be held accountable because she fails to understand that the First Amendment is not optional.
How does the extensive media coverage and public discourse surrounding the trial potentially impact the impartiality of the jury pool?
To argue that critics of Trump could potentially taint the jury pool, then they should apply the same logic to the prosecutors and judges involved in the case. The media coverage and public discourse surrounding this trial has been extensive, and it is highly unlikely that the jury pool remains unaffected by these opinions. Therefore, the selective application of the gag order on Trump is a clear violation of his freedom of speech.
Additionally, the argument that the gag order is necessary to uphold the integrity of the trial is flawed. The suppression of speech does not guarantee a fair trial; in fact, it undermines the principles of justice. A fair trial should rely on impartial jurors who are capable of weighing the evidence presented to them, regardless of any outside opinions or criticisms. The idea that citizens cannot exercise their constitutional right to free speech because it might influence a jury is a dangerous precedent to set.
Protecting the Foundations of Democracy
The fight for freedom of speech is not just about one individual; it is about protecting the foundations of democracy. The right to express one’s opinions, especially criticisms of those in power, is essential in holding the government accountable. Without this freedom, we risk sliding into authoritarianism, where dissenting voices are silenced and the rule of law is eroded.
It is crucial for the judiciary to demonstrate their commitment to upholding the Constitution and safeguarding the rights of citizens. By imposing an unconstitutional gag order on Trump, Judge Tanya Chutkan undermines the principles of justice and sets a dangerous precedent. This case serves as a wake-up call for all Americans to remain vigilant in defending our fundamental rights, even when they are threatened by those in positions of power.
In conclusion, the fight for freedom of speech continues today, as former President Donald Trump faces an unconstitutional gag order. This order not only violates Trump’s fundamental rights but also undermines the principles of justice and the foundations of democracy. It is essential for all citizens to recognize the importance of protecting freedom of speech and to stand against any attempts to suppress it. Only by remaining vigilant and united can we ensure that our voices are heard and that the fight for freedom of speech continues to be championed in our society.
" Conservative News Daily does not always share or support the views and opinions expressed here; they are just those of the writer."
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