Update: Does the First Amendment Protect the Conduct of January 6 Defendants?

Walter Olson

Two legal developments in the prosecutions of of former President Donald Trump have understandably commanded widespread attention in recent days, the start of the New York “hush‐​money” trial last week, and the Supreme Court’s oral argument Thursday over the proper scope, if any, of presidential immunity. But another recent item on the Trump docket from early in the month deserves at least a bit of attention. It passed as a one‐​day story that drew no real notice from legal commentators...