Law Practice,
Government,
Ethics/Professional Responsibility
Sep. 9, 2021
Did lawyers in election suit abuse the judicial process?
Lawyers “may” have the right to say the election was stolen during public debate and discourse, but those who pursue litigation claiming election fraud on behalf of their clients are subject to statutory requirements, the rules of civil procedure, and the rules of professional conduct. They lose their First Amendment rights upon “entering” the courtroom.
John H. Minan
Emeritus Professor of Law
University of San Diego School of Law
Professor Minan is a former attorney with the Department of Justice in Washington, D.C. and the former chairman of the San Diego Regional Water Quality Board.
The claim by former President Donald Trump and his acolytes that the 2020 election was stolen is one of the biggest lies in modern American politics. Although lying about the election "may" enjoy First Amendment protection in some contexts, there are recognized limits to this protection, including laws prohibiting incitement to riot, fraud and defamation.
Lawyers "may" have the right to say the election was stolen during public debate and ...
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