Post AYOR24RYpMLhUGw49I by coreyrayburnyung@mastodon.lawprofs.org
(DIR) More posts by coreyrayburnyung@mastodon.lawprofs.org
(DIR) Post #AYOR24RYpMLhUGw49I by coreyrayburnyung@mastodon.lawprofs.org
2023-08-04T16:25:56Z
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Law Prof Jonathan Turley continues to be dishonest and disingenuous in his statements about the most recent Trump indictment. He contends that the government charged Trump with making "knowingly false statements," which is (knowingly) false statement by Turley. The phrase appears 5 times in the indictment. Each time, it is part of the description of facts. The federal false statements law is 18 U.S.C. ยง 1001, notably not in the indictment. The free speech argument is legally frivolous.
(DIR) Post #AYOR278Aptcjp0t7qa by coreyrayburnyung@mastodon.lawprofs.org
2023-08-04T16:26:43Z
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Here is the link to the full Turley article: https://jonathanturley.org/2023/08/04/making-history-in-the-wrong-way-the-second-trump-indictment-is-a-threat-to-free-speech/
(DIR) Post #AYOR28HmXeu5P6OJSi by coreyrayburnyung@mastodon.lawprofs.org
2023-08-04T16:30:54Z
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If Turley's view of free speech were applied widely, conspiracy doctrine, perhaps the most important aspect of modern criminal law, would be gutted. The key element of every conspiracy charge is an agreement. Those agreements invariably involve communication (speech). Indictments for conspiracy require a discussion of the speech that formed those agreements. And no court has held that these communications are protected by the First Amendment. Turley's argument is embarrassing.