Trump’s words inspired lawless action but didn’t specifically call on the mob to engage in it. Asking his supporters to march to the Capitol is protected by the First Amendment.
Now some media commentators have said that recent testimony from Cassidy Hutchinson, a former White House aide, changes the equation: She said under oath that Trump knew that some of the protesters were armed with weapons, and didn’t seem to care.
But that isn’t legally relevant. People don’t lose their First and Second Amendment rights just because they’re exercising them at the same time.
We should be glad that these rights are protected by the Constitution. You may not like Trump. Personally, I think he’s unfit for office. But we don’t want to live in a country where people can be sent to jail because they said the wrong thing. Everybody benefits from a legal regime in which the rights to speak, to protest, and to be armed are vigorously protected.
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