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Lawfare Archive: Why the First Amendment Doesn’t Protect Trump’s Jan. 6 Speech

The Lawfare Podcast

CHAPTER

Insurrection Laws and Free Speech

This chapter explores the historical context of insurrection and seditious conspiracy laws in the U.S., linking constitutional requirements to the events of January 6. It highlights the tension between free speech and legal accountability, examining the complexities of prosecuting political speech within the framework of the law.

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