The American Civil Liberties Union (ACLU) has taken a stand in the legal battle between former President Donald Trump and U.S. District Judge Tanya Chutkan over a gag order imposed on Trump in his Washington, D.C., election interference case.
The ACLU announced on Wednesday that it will file an amicus brief arguing that the limited gag order is unconstitutional.
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In a court filing on the same day, federal prosecutors requested the reinstatement of the currently paused gag order, citing the need to prevent Trump from intimidating witnesses. Special Counsel Jack Smith’s team argued that Trump’s history of using inflammatory language poses a significant risk of witness intimidation.
The ACLU’s proposed brief, penned by senior staff attorney Brett Kaufman, highlights Trump’s track record of making false statements that have caused harm to individuals and to the Republic itself.
However, the brief also emphasizes that Trump has a First Amendment right to speak, and the public has a right to hear what he has to say.
Trump has been using his social media platform, Truth Social, to launch a barrage of insults and criticisms at the prosecutors, judges, and witnesses involved in the cases against him.
In response, Judge Chutkan imposed a partial gag order on October 17th, which prohibited Trump from making statements targeting Special Counsel Smith, his staff, witnesses, and court personnel.
The judge clarified that Trump could still criticize the Justice Department in general terms and express his view that the case against him is politically motivated. However, she also made it clear that he cannot attack prosecutors or court staff.
Trump has appealed the order, claiming that it infringes upon his free speech rights. In response, Judge Chutkan issued a stay pending his appeal, allowing the former president to resume posting about the special counsel and witnesses.
The ACLU argues that Chutkan’s order is too vague and could be interpreted to restrict Trump from even mentioning the special counsel or potential witnesses.
The civil rights group also contends that the order is overly broad, as it covers a public official like Smith and the substance of any witnesses’ testimony, which could have implications for the 2024 presidential campaign.
While the ACLU acknowledges that the First Amendment does not protect incitements to violence or threats, the group argues that the gag order placed on Trump is not sufficiently justified.
Prosecutors have failed to demonstrate a serious threat that his speech will undermine the administration of justice.
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Anthony D. Romero, executive director of the ACLU, stated, “No modern-day president did more damage to civil liberties and civil rights than President Trump, but if we allow his free speech rights to be abridged, we know that other unpopular voices — even ones we agree with — will also be silenced.
As much as we disagreed with Donald Trump’s policies, everyone is entitled to the same First Amendment protection against gag orders that are too broad and too vague.”
