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Team Orange tries the “First Amendment” bullshit in Georgia too

Too often do some of us in the media blithely copy and paste the shit that we see in court documents without taking the time to try and truly appreciate it. Laziness and a layperson’s feeling of intimidation when confronted with the jargon familiar only to legal practitioners can only fly so far as an excuse however, especially when it comes to the tribulations of one Donald Trump and the shit that his lawyers slap together in attempting turn his base urge to simply escape the consequences of his actions into something, anything, legal-ish sounding. We had been looking forward to this motion to dismiss the Georgia RICO case as we had anticipated Trump’s attorneys would concede their client is the fucking idiot and scumbag even large numbers of his fans all know him to be.

And man does it not disappoint. From page 8:

President Trump’s claims of fraud in the 2020 election constitute First Amendment-protected speech. The decision in United States v Alvarez, 567 US 709 (2012), reflects the Supreme Court’s unanimous consensus that the government may not criminalize supposedly ‘false statements about philosophy, religion, history, the social sciences, the arts, and other matters of public concern.’ Id at 751-52 (Alito, J, dissenting)(emphasis added)… In these areas, ‘it is perilous to permit the state to be the arbiter of truth,’ for ‘the potential for abuse of power in these areas is simply too great.’ Id at 752 (Alito, J, dissenting). ‘In the political arena,’ when disputes arise about politically charged topics – which typically involve claims that are not ‘easily verifiable’-the threat of ‘criminal prosecution is particularly dangerous… and consequently can more easily result in censorship of speakers and their ideas.’ Id. at 734, 738 (Breyer, J, concurring in the judgment). ‘Our constitutional tradition stands against the idea that we need Oceania’s Ministry of Truth.’ Id at 723 (plurality op of Kennedy, J) (citing GEORGE ORWELL, NINETEEN EIGHTY–FOUR (1949).

Right off the bat this is stupid bullshit. Speech in furtherance of a criminal conspiracy is not and cannot ever be “free.” You don’t need to look up US v Alvarez to know that. We looked it up though.

From a summary by Justia Law:

The Stolen Valor Act makes it a crime to falsely claim receipt of military decorations or medals and provides an enhanced penalty if the Congressional Medal of Honor is involved, 18 USC 704 (b),(c). After pleading guilty to falsely claiming that he had received the Medal of Honor, Alvarez challenged the Act as unconstitutional. The Ninth Circuit held that the Act is invalid under the First Amendment. The Supreme Court affirmed. Characterizing the law as a content-based restriction on protected speech, the Court applied the “most exacting scrutiny.” Falsity alone does not take speech outside the First Amendment. While the government’s interest in protecting the integrity of the Medal of Honor is beyond question, the First Amendment requires a direct causal link between the restriction imposed and the injury to be prevented; that link was not established. The government had no evidence that the public’s general perception of military awards is diluted by false claims or that counter-speech, such as the ridicule Alvarez received online and in the press, would not suffice to achieve its interest. The law does not represent the “least restrictive means among available, effective alternatives.” The government could likely protect the integrity of the military awards system by creating a database of Medal winners accessible and searchable. Dissenting Justices Alito, Scalia, and Thomas viewed the Act as significantly limited and necessary to the important governmental objective.

In just one single almost randomly-selected paragraph of a 19 page motion to dismiss that we picked out we can already see Trump’s Georgia lawyer Steve Sadow, with nothing else to work with, has to compare his client to some asshole who argued all the way to the US Supreme Court that falsely claiming he had been awarded the Medal of Honor wasn’t a crime. And that doesn’t even apply here because again, Alvarez’s false claim was not in the furtherance of another crime like unlawfully trying to compel a public official into altering the results of an election like Trump did on the call with Georgia Secretary of State Brad Raffensperger back in January 2021.

Just great stuff here.

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