Thread by @narosenblum

I don’t know this guy and I’ve been told he’s an attorney, but for what it’s worth this is almost the textbook example I use when I’m teaching folks who *don’t* understand how the First Amendment actually works. (1/6)

The First Amendment protects the right to free speech. But does that mean you can say whatever you want without facing criminal liability? Not at all!

Consider the following two scenarios:

(1) I walk to the store and buy and a crowbar. No crime! Life is good. 🤓 (2/6)

(2) I call my buddy @AnthonyMKreis and say: “Let’s go buy crowbars and use them to deprive people of their right to vote.” He says: “I agree! Let’s conspire to do this thing together!”

I walk to the store and buy a crowbar. Bad news: Crime! Life is bad. 😢 (3/6)

The only difference between these two acts is the fact of agreement, which is expressed in speech, although needn’t be. The crime is conspiracy: agreement to commit a crime plus a step towards its accomplishment. (4/6)

It’s not *the speech* that’s criminal. It’s what the speech *does*: constitute an element of another crime.

Here, Trump is charged with conspiracy. But the lies he made about the election are part of showing his knowing fraud — an element of a crime. (5/6)

TLDR: don’t listen to this Cain guy; he’s clearly not serious and will get you in trouble. You can still lie in politics as much as you want! Just don’t do it as an element of another crime — like, say, participating in a conspiracy to defraud people of their right to vote. (6/6)