• Impeachment Trial May Hinge on Meaning of ‘Incitement’

    Although Trump's second impeachment trial may ultimately be decided by political considerations, the legal question of his culpability for incitement hinges on the question of when speech crosses a line to encouraging action and whether an impeachment trial is governed by different standards of proof than a criminal trial. 

  • A First Amendment Case that May be the Key to Trump's Impeachment Trial

    by Tony Mauro

    A First Amendment researcher offers a brief primer on Brandenburg v. Ohio, a case which Trump's legal supporters argue shields his January 6 rhetoric from criminal sanction because it was not purposefully aimed at inciting "imminent lawless action" – a claim critics say is blatantly contradicted by the subsequent actions of a mob a mile away from where Trump spoke.

  • A Fraught Balancing Act

    Questions of free speech and incitement, plus the demonstrable falsity of many claims made by pro-Trump student activist groups, makes for complicated choices for university administrators who may decide on disciplinary actions against students believed to incite violence.