Harvard Law Professor Explains Why Donald Trump’s Free Speech Defense May Not Stick

Laurence Tribe likened the former president to a fire chief “urging a mob to burn the theater down.”

Harvard constitutional law professor Laurence Tribe has poured cold water on the free speech defense being put forward by former President Donald Trump’s legal team ahead of his Senate impeachment trial for inciting the deadly U.S. Capitol riot.

Trump impeachment counsel David Schoen argued in an interview with The New York Times on Tuesday that the former president’s provocative comments to his supporters before they ransacked the Capitol on Jan. 6, for which the House impeached Trump for a second time last month, was actually protected by the First Amendment.

“We can’t control the reaction of the audience,” Schoen was quoted as saying. Continue reading.