Does the First Amendment Protect Trump on Incitement to Riot?

On January 6th, President Donald Trump held a rally near the White House and urged his supporters to march on the Capitol where members of Congress were certifying the results of the 2020 presidential election. “We’re going to walk down, and I’ll be there with you,” he said. “You’ll never take back our country with weakness. You have to show strength, and you have to be strong.”There is no doubt that Trump’s speech was inappropriate, imprudent, rash, offensive, and even repugnant. But, it is more difficult to determine whether Trump’s comments constitute incitement to imminent lawless action, a type of speech not protected by the First Amendment.

How Trump and Nunes Use Defamation Lawsuits To Silence Their Critics

Public officials using libel suits as a weapon against the press is nothing new. In the time of Times v. Sullivan, southern officials had brought nearly $300 million in libel actions against the press. For reference, Nunes alone has brought just over $900 million in defamation claims in a twelve-month period.