Your analysis will focus on the following constitutional issue: can a sitting President of the United States invoke the principle of freedom of speech, under the First Amendment to the U.S. Constitution, when a speech given by him was alleged to have incited an insurrection against the Congress of the United States?
Your opinions should review and explain the principles of free speech and expression, as outlined in the cases that we have covered (which also includes relevant cases cited in the opinions we have read, but not discussed). You should also review the following items for the facts and some arguments regarding the January 6th incident and the president’s arguments made at his impeachment trial:
The President’s Speech, both video and transcript, are found here: https://www.npr.org/2021/02/10/966396848/read-trumps-jan-6-speech-a-key-part-of-impeachment-trial
You should specifically focus on the section “III. ARGUMENT. C. 1-4” in the Trump Defense Impeachment Brief, found here: https://www.npr.org/sections/trump-impeachment-trial-live-updates/2021/02/08/965412514/read-trumps-impeachment-defense-brief
For reference, you can review Section II-D of the House Manager’s Impeachment Brief regarding free speech here: https://www.npr.org/2021/02/02/963206414/read-house-impeachment-managers-brief-outlines-arguments-for-senate-trial-of-tru
You should follow the structure of a U.S. Supreme Court opinion, as we have been reading over the past few weeks. In particular, your majority opinion should include the following components:
the facts of the case;
the legal provisions at issue;
the constitutional issue;
the decision/the rule of the case; and,
Your dissent may include these aspects as well, though in a different context.
Should structure/fashion it as a U.S. Supreme Court majority, followed by a dissenting opinion. Your opinions must make use of evidence, citations, and principles of first amendment/freedom of speech/expression law that we have covered. You may also make reference to other material that addresses this question, beyond the Supreme Court opinions we have read.
For these opinions, you should only focus on the constitutional issues regarding freedom of speech; do not worry about constitutional issues such as separation of powers of both the Congress and presidency. You may, however, focus on the unique role of the president/presidency and issues of free speech, if you wish to do so.
For reference, your opinions will be graded on the following criteria:
– How does the majority and dissenting opinions cover the requisite components of a typical U.S. Supreme Court opinion?
– Does the opinion completely address the constitutional issue?
– Does the opinion provide sufficient evidence, citations, and support for the opinion’s ruling/decision (majority vs. dissent)?
– Is the writing clear and well organized?
No minimum or maximum required references stipulated, though Supreme Court cases will be paramount. Length is not established, may be less or more than what has been requested. Willing to adjust price as needed or necessary.
Would like to assert that the President was within his rights of freedom of speech under the First Amendment to the U.S. Constitution as a majority opinion, while dissenting that he in-fact violated this right.