Thursday, Aug. 10, 2023 | 2 a.m.
In his indictment of Donald Trump, special counsel Jack Smith stated that charges were filed on the basis of his criminal acts, conspiracies, and violations of the Constitution and criminal statutes, and not on his words or speech.
The First Amendment has been claimed by many, including legal scholars and media personalities, as protection for Trump’s many outrageous statements and documented misstatements and lies.
This is not accurate. As a public servant, elected official, and government agent who swore an oath to protect and defend the Constitution, Trump’s First Amendment rights are significantly narrower than his rights as a private citizen, or your rights or mine. Government officials have an affirmative obligation to use their power and influence, which encompasses their public speech and recorded statements, in furtherance of their duties, responsibilities, and fealty to the nation and its people, and to act responsibly and speak truthfully in representing the people.
Trump’s abuses of speech and of his power and influence have led to violence. This is dereliction of duty. There is no excuse for allowing any elected official to lie and malign others and the democratic process with impunity any longer.
