Constitutional Law
Aug. 11, 2023
The First Amendment guarantee of free speech is tolerant of lying, but not criminal conspiracies
Donald Trump has not been indicted for lying or falsely claiming the election was stolen. The indictment alleges that he “pursued unlawful means of discounting legitimate votes and subverting the election results.” More specifically, Trump is alleged to have violated three sections of Title 18 of the Criminal Code: the conspiracy to defraud, the conspiracy to obstruct, and the conspiracy against voting rights.
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.
A basic principle of self-governance is the willingness to surrender power after losing an election. Former President Donald Trump was indicted on Aug. 1 for conspiring with others to prevent the peaceful transfer of power to President Joseph Biden (United States of America v. Donald J. Trump, 1:23-cr-00257 D.D.C.)).
A lawyer for Trump, John Lauro, has been previewing the First Amendment defense to this crimina...
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