Even lies are protected speech: New Trump indictment bulldozes the First Amendment | The Hill
The government acknowledges that the Constitution protects false statements made in campaigns, but it insists that Trump must have known that his statements were false and therefore was engaged in fraudulent statements to obstruct or challenge electoral results.
As a threshold matter, one problem is immediately evident. If Trump actually did (or does) believe that he did not lose the election, the indictment collapses. And so in an effort to demonstrate his knowledge, the indictment details how many people told Trump that he was wrong about the election and wrong about the law. I was one of those voices. Trump did not listen to me, most legal analysts or even his White House counsel. Instead, he listened to a small group of lawyers who assured him that a challenge might succeed and that there was evidence of massive election fraud.
via thehill.com
Jonathan Turley.