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The January 6 Insurrection One Year Later

The Lawfare Podcast

CHAPTER

Can You Criminalize the Organizations?

There are serious constitutional prohibitions against criminalizing the organizations. The individual members of those organizations, as well as the organizations themselves have a constitutional free expression and free speech rights. You cannot criminalize the protected activities of these groups. And that means, functionally, unless a group like the like is an organized crime group that that has no legal function, you really cannot band groups as such.

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