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

The Lawfare Podcast

CHAPTER

Examining Obstruction of an Official Proceeding and First Amendment Concerns

This chapter examines the legal complexities of 18 U.S. 1512C2 concerning obstruction of an official proceeding, specifically in relation to Trump's rhetoric during the January 6th Capitol riot. It raises concerns about the implications of holding speech accountable for actions and the potential precedents that could affect First Amendment rights.

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