meta_pixel
Tapesearch Logo
Log in
Consider This from NPR

Would A Free Speech Defense Work For Donald Trump In Court?

Consider This from NPR

NPR

News, Daily News, Society & Culture, News Commentary

4.26.2K Ratings

🗓️ 3 August 2023

⏱️ 13 minutes

🧾️ Download transcript

Summary

Former President Donald Trump pleaded not guilty to criminal charges related to efforts to overturn the results of the 2020 election. And a member of his legal team told NPR that Trump plans to invoke the right to freedom of speech as part of his defense.

To learn how a free speech defense would work for the former president in court, we hear from Ciara Torres-Spelliscy, a professor at Stetson University's College of Law in Florida.

And former acting solicitor general of the United States, Neal Katyal, tells us about Tanya Chutkan, the U.S. district judge assigned to Trump's case.

In participating regions, you'll also hear a local news segment to help you make sense of what's going on in your community.

Email us at considerthis@npr.org.

See pcm.adswizz.com for information about our collection and use of personal data for sponsorship and to manage your podcast sponsorship preferences.

NPR Privacy Policy

Transcript

Click on a timestamp to play from that location

0:00.0

Donald Trump flew from his New Jersey golf club to Washington, D.C. on Thursday afternoon

0:13.6

for his arrangement at the E-Barrot Prettyman Federal Courthouse.

0:20.5

A crowd gathered outside with supporters and protesters often yelling over each other.

0:29.8

Then, just minutes before his motorcade arrived, Trump appeared before a magistrate and pleaded

0:35.5

not guilty to four felony charges related to his attempt to overturn the results of the 2020 election.

0:43.6

This is the same Courthouse, where more than a thousand of his supporters have been charged

0:48.8

for their role in the January 6th attack on the Capitol.

0:53.2

It is now Trump himself, facing charges related to his actions that day and in the days leading up to

1:06.3

January 6th. Here's Special Counsel, Jack Smith laying out those charges this week.

1:11.8

Conspiring to defraud the United States, conspiring to disenfranchise voters,

1:16.4

conspiring and attempting to obstruct an official proceeding.

1:19.2

How will the former president defend himself from those charges?

1:23.5

NPR put the question to John Laurel, one of Trump's attorneys for this case,

1:28.0

he described his clients' defense strategy this way.

1:31.0

It's a very straightforward defense that he had every right to advocate for a position that he believed in

1:37.6

and his supporters believed in.

1:39.1

Laurel said that even if the prosecution proves that Trump knowingly lied or that he had corrupt

1:46.0

intent, which Laurel does not believe they will, that it's still free speech that should be

1:51.8

protected by the First Amendment.

1:53.6

Political speech covers even information that turns out not to be true.

1:59.0

So it's all protected by its free speech, but at the bottom, the government will never be

2:03.9

able to prove beyond a reasonable doubt, as I said, that President Trump did not believe

...

Please login to see the full transcript.

Disclaimer: The podcast and artwork embedded on this page are from NPR, and are the property of its owner and not affiliated with or endorsed by Tapesearch.

Generated transcripts are the property of NPR and are distributed freely under the Fair Use doctrine. Transcripts generated by Tapesearch are not guaranteed to be accurate.

Copyright © Tapesearch 2026.