The January 6 Insurrection One Year Later
The Lawfare Podcast
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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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