“The request by prosecutors that a judge impose a gag order on former President Donald Trump in the federal election-subversion case presents a thorny conflict between the scope of his First Amendment rights and fears that he could — intentionally or not — spur his supporters to violence,” the New York Times reports.
“There is little precedent for how the judge overseeing the case, Tanya Chutkan, should think about how to weigh strong constitutional protections for political speech against ensuring the functioning of the judicial process and the safety of the people participating in it.”
“It is one more example of the challenges of seeking to hold to account a norm-shattering former president who is being prosecuted in two federal cases — and two state cases — as he makes another bid for the White House with a message that his opponents have weaponized the criminal justice system against him.”