Government,
Constitutional Law
Feb. 28, 2022
Ruling persuasively rejects Trump’s First Amendment protection claims
The fact that Trump lost his motion to dismiss is not the end of the litigation. Appeals are likely. But the 112-page, well-reasoned decision, which emphasizes the facts and the law, persuasively rejects Trump’s claim of First Amendment protection.
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.
For more than two centuries, the United States has been known for the peaceful transfer of power from one president to the next. On January 6, 2021, this hallmark of American democracy came to a crashing end when thousands of Trump supporters stormed the Capitol to interrupt the certification of the Electoral College. Five people would ultimately die, numerous police officers would be injured physically and emotionally, and parts of the Capitol trashed. What had previ...
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