“The First Amendment does not apply in impeachment proceedings.” If there is a single line that sums up the sense of legal impunity in the second Trump impeachment, it is that line from a letter sent by law professors this week... jonathanturley.org/2021/02/08/the…
...The scholars start by stating the obvious: that there is no First Amendment “defense” that bars the impeachment or conviction a president. They go to great length to contest an argument not in dispute...
...Constitutional rights and values are always relevant to an impeachment. Some of these scholars have emphasized that this is a purely political process where senators have free range on the basis for conviction...
...Notably, the scholar admit that they are divided on the question of whether this is criminal incitement. Thus some of these scholars (like some senators) believe that Trump’s speech might indeed be protected under Brandenburg.
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