The Trump gag order should be struck down | The Hill

This week, Chutkan issued a partial gag order and stressed that she will not allow Trump to conduct a smear campaign in which he seeks to vilify and implicitly encourage violence against public servants who are simply doing their jobs. She stressed that no other criminal defendant would be allowed to do so, and I m not going to allow it in this case. Chutkan reflects this trend in stating categorically that these are the limits that must be imposed regardless of the defendant.

These orders come at a great cost limiting both parties and counsels in raising objections to alleged abuses of the government. The First Amendment was written in the aftermath of such abuses, including the infamous prosecution of publisher John Peter Zenger 290 years ago in 1733.

Some polls show that a majority now believe the Trump prosecutions are politically motivated. Tens of millions oppose the prosecutions, and this will be the single most-discussed issue of the campaign. Yet, one candidate would be both the subject of this national debate and a gagged order barring participation in it.

Chutkan steadfastly refused to recognize that either this case or this defendant are far from typical. Her order bars Trump from making statements against Smith, his staff, court personnel, and potential witnesses. That last category could include one of Trump s opponents in the presidential election, former Vice President Mike Pence.

via thehill.com

Maybe we’ll get a great 1st Amendment case out of this.