The First Amendment Defense to the Boston Marathon Bombers

I think that Jack Smith and his team have crafted an indictment that creates a very clear dividing line November 14th. Once you lose and there are no more good claims I don't think that the First Amendment defense will work. Even if every court that looks at it including the Supreme Court says you're wrong they might just be able to delay things long enough to avoid the case going to trial before November of 2024. This is one of those places where doctrine ends up being the peterred that somebody gets hoisted on. The only time in recent memory in a high profile case that somebody has been tried elsewhere has been the people who bombed in Oklahoma City.