West Virginia, Iowa Co-Lead Amicus Brief Opposing Gag Order on Trump
OAN’s Daniel Baldwin
12:30 PM – Wednesday, November 15, 2023
Both Iowa and West Virginia are co-leading an amicus brief to the Washington, D.C. Court of Appeals opposing a federal court’s gag order on former President Donald Trump.
“President Trump enjoys First Amendment rights to speak—and American citizens enjoy an essential right to hear what he has to say,” the amicus brief reads.
The amicus brief was spearheaded by Iowa Attorney General Brenna Bird and West Virginia Attorney General, both of whom have endorsed Trump for president.
“Restricting a political candidate’s free speech while they run for office is a dangerous precedent & a disservice to American voters,” Bird wrote on X, the platform formally known as Twitter.
“Proud to co-lead this effort with Iowa to ensure that President Trump’s First Amendment rights are protected,” wrote Morrisey.
Judge Tanya Chutkan’s gag order prohibits Trump from targeting Special Counsel Jack Smith, his staff, the court staff, and any reasonably foreseeable witness.
Bird and Morrisey argued that Chutkan’s gag order was “impermissibly vague” and would “unlawfully chill President Trump’s speech.” In addition, they pointed out that federal prosecutors had failed to produce evidence that any of Trump’s speech directly caused harassment or threats.
“The prosecution introduced no evidence that any group protected by the entered order—prosecutor, witness, or court staff—experienced threats or harassment following any of President Trump’s ‘communications with the electorate,’” the amicus brief read.
Alabama, Alaska, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Texas and Utah joined the Iowa- and West Virginia-led brief.
Trump’s legal team has argued that the gag order was unprecedented and violated the 45th president’s First Amendment rights. They also claimed that it was an example of a heckler’s veto.
Federal prosecutors say that when Trump targets others, it results in third party individuals and groups harassing and threatening the subject of Trump’s statements. They also claim the gag order is narrowly tailored, since it permits Trump to criticize President Joe Biden and the federal government.
The D.C. Circuit Court of Appeals will hear arguments from the Trump legal team and prosecutors on Monday, November 20.
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What is the purpose of the amicus brief filed by Iowa and West Virginia in opposition to the gag order on former President Trump?
Iowa and West Virginia Lead Amicus Brief Opposing Gag Order on Former President Trump
In a move to protect free speech rights, both Iowa and West Virginia are co-leading an amicus brief to the Washington, D.C. Court of Appeals opposing a federal court’s gag order on former President Donald Trump. The brief argues that Trump has First Amendment rights to speak, and American citizens have the essential right to hear what he has to say.
The amicus brief was spearheaded by Iowa Attorney General Brenna Bird and West Virginia Attorney General, both of whom have endorsed Trump for president. They expressed concerns over the restriction of a political candidate’s free speech while they run for office, stating that it sets a dangerous precedent and is a disservice to American voters.
This action comes in response to Judge Tanya Chutkan’s gag order, which has faced significant opposition. West Virginia Attorney General Morrisey has described the order as “tyrannical” and “unprecedented.” A coalition of 18 states, led by Morrisey, has joined together to oppose the order.
The efforts to challenge the gag order have gained support on social media as well. Daniel Baldwin, a reporter for OAN, shared the news on Twitter, emphasizing the American people’s right to hear what Trump has to say. Baldwin’s tweet garnered attention and further support for the cause.
The amicus brief aims to highlight the importance of preserving free speech rights for political candidates and ensuring that the American people have access to information during elections. As the legal battle unfolds, the outcome will have significant implications for the future of free speech in the political landscape.
In a time where discussions surrounding free speech and its limitations are at the forefront, this amicus brief serves as a reminder that protecting this fundamental right is crucial for maintaining a healthy and informed democracy. The outcome of this case will undoubtedly contribute to shaping the future of political discourse in the United States.
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