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A federal judge's gag order against Trump
may be satisfying. But it isn't constitutional

Original Article

Posted By: Beardo, 10/20/2023 9:24:16 PM

Although I often wish that Donald Trump would shut up, he has a constitutional right not to. A federal judge went too far in restricting his free expression Monday when she imposed a gag order on the former president. U.S. District Judge Tanya Chutkan, who is presiding over the Washington prosecution of Trump for his role in the Jan. 6, 2021, insurrection, ordered him to refrain from rhetoric targeting prosecutors and court personnel as well as inflammatory statements about likely witnesses. (snip) The Supreme Court has long held that court orders prohibiting speech constitute “prior restraint” and are allowed only in extraordinary and compelling circumstances.

Comments:

This author, Erwin Chemerinsky, is the Dean of Berkeley Law School, and has been the poster child for left wing law professors for the past 30 years. An example of his proclivities is the following Fox News article showing his desire to skirt the recent US Supreme Court college admissions affirmative action ruling: "Dean caught saying Berkeley Law uses 'unstated affirmative action:' 'I'm going to deny I said this' " https://www.foxnews.com/media/dean-caught-saying-berkeley-law-uses-unstated-affirmative-actiondenysaid

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Reply 1 - Posted by: Catherine 10/20/2023 9:29:54 PM (No. 1582410)
None of what they've done to him is constitutional. Surprisingly, it's a Berkely Law School Dean speaking up. Good.
15 people like this.

Reply 2 - Posted by: SkyKing1222 10/20/2023 9:44:44 PM (No. 1582412)
How does an individual get to be the Dean of Berkeley Law School, and have no concept of “Actions speak Louder than words “? It amazes me that people obsess on Donald Trump’s use of the language. His accomplishments while in office are stunning. Starting with destroying ISIS. Then energy independence, followed by prosperity and a secure southern border. Peace in the Middle East. Etc etc. Who cares what he says, especially since it’s mostly out of context anyway. -
17 people like this.

Reply 3 - Posted by: padiva 10/20/2023 9:49:46 PM (No. 1582415)
Nifonged is a verb.......because.........they think their opinions are the law.
5 people like this.

Reply 4 - Posted by: Lonestar Jack 10/20/2023 10:05:48 PM (No. 1582422)
Which amendment rights does the jerk judge wish to uphold? Only the ones that have a D behind them? Pitiful excuse for an oath taking judge.
6 people like this.

Reply 5 - Posted by: Omen55 10/20/2023 10:11:40 PM (No. 1582427)
Take this to SCOTUS.
4 people like this.

Reply 6 - Posted by: anniebc 10/20/2023 10:27:59 PM (No. 1582438)
It may not be constitutional, but it's still a thing. Stating the obvious is not the same as something being done to stop it.
2 people like this.

Reply 7 - Posted by: tootall 10/21/2023 7:55:41 AM (No. 1582603)
If Trump is put in jail, or prevented from speaking, and this ban on his 1st Amendment rights is found to be unconstitutional, will they have not achieved their goal of muzzling him? The Left knows this is unconstitutional and their 'lawfare' will help them achieve their goals.
1 person likes this.

Reply 8 - Posted by: chance_232 10/21/2023 8:07:58 AM (No. 1582608)
I wouldn’t be surprised if this professor isn’t cancelled pronto and doesn’t issue a groveling apology to clarify his position. Let’s be honest, Berkeley only allows “free speech” for approved leftists ideas.
0 people like this.

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Posted by Beardo 10/20/2023 9:24:16 PM Post Reply
Although I often wish that Donald Trump would shut up, he has a constitutional right not to. A federal judge went too far in restricting his free expression Monday when she imposed a gag order on the former president. U.S. District Judge Tanya Chutkan, who is presiding over the Washington prosecution of Trump for his role in the Jan. 6, 2021, insurrection, ordered him to refrain from rhetoric targeting prosecutors and court personnel as well as inflammatory statements about likely witnesses. (snip) The Supreme Court has long held that court orders prohibiting speech constitute “prior restraint” and are allowed only in extraordinary and compelling circumstances.
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