Judge Rejects Trump's Attempt to Dismiss Georgia Charges on Free Speech Grounds
Summary from the AllSides News Team
A Georgia judge rejected an attempt by former President Donald Trump’s legal team to have his election interference case dismissed on free speech grounds.
For Context: In August 2023, Georgia prosecutors charged Trump and 18 others with engaging in a “criminal racketeering enterprise to overturn Georgia’s presidential election result.” Trump’s legal team argued the former president’s words challenging the results of the 2020 election were protected by the First Amendment.
Details: Fulton County Superior Court Judge Scott McAfee rejected this bid but left the door open for a similar challenge in the future “at the appropriate time after the establishment of a factual record.”
Key Quotes: McAfee stated, “After considering the extensive briefing, the argument of counsel, and the indictment, the Court finds these vital constitutional protections do not reach the actions and statements alleged by the State. Nor do the statutes themselves facially violate the First Amendment.” He added, “After interpreting the indictment’s language liberally in favor of the State as required at this pretrial stage, the Court finds that the Defendants’ expressions and speech are alleged to have been made in furtherance of criminal activity and constitute false statements knowingly and willfully made in matters within a government agency’s jurisdiction which threaten to deceive and harm the government.”
How the Media Covered It: The judge’s decision is being covered prominently across the spectrum. CNN (Lean Left bias) stated that “the free speech defense has repeatedly fallen short in pretrial wrangling in election meddling cases.”
Featured Coverage of this Story
From the Left
Judge rejects Trump’s bid to get Georgia election subversion case dismissed on free speech groundsAn Atlanta-area judge on Thursday upheld the criminal indictment against former President Donald Trump in Georgia, rejecting the argument that Trump’s efforts to overturn the 2020 election were protected under the First Amendment.
“The defense has not presented, nor is the Court able to find, any authority that the speech and conduct alleged is protected political speech,” Fulton County Superior Court Judge Scott McAfee wrote in his order.
McAfee’s ruling is the latest step inching the state racketeering case against Trump forward. But while Fulton County District Attorney Fani Willis has...
From the Center
Judge rejects Trump free speech challenge to Georgia 2020 election caseA Georgia judge on Thursday rejected Donald Trump's bid to dismiss criminal charges in the state's 2020 election interference case against him, which the Republican former U.S. president argued violate his free speech rights.
Fulton County Superior Court Judge Scott McAfee found that the indictment alleges statements by Trump and 14 others charged in the case were made "in furtherance of criminal activity" and are not protected by the First Amendment to the U.S. Constitution.
Trump and the other defendants have been charged with racketeering and other offenses over their...
From the Right
Judge denies Donald Trump's motion to dismiss charges in Georgia election caseA Georgia judge has denied former President Donald Trump's motion to dismiss his 2020 election interference indictment on the grounds of First Amendment protection.
"After considering the extensive briefing, the argument of counsel, and the indictment, the Court finds these vital constitutional protections do not reach the actions and statements alleged by the State. Nor do the statutes themselves facially violate the First Amendment," Fulton County Superior Court Judge Scott McAfee ruled Thursday.
"They argue this prosecution violates the First Amendment’s protections of political speech and activity, freedom of association,...
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