"If you expected a second Trump term to usher in some sort of new era of free speech, you might by now be feeling some rueful second thoughts." I've got a new Cato post on the speech-chilling letters that D.C.'s top federal prosecutor sent to Democratic lawmakers Robert Garcia and Chuck Schumer. /1 - ThreadSky

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walterolson.bsky.social • 1 day ago

"If you expected a second Trump term to usher in some sort of new era of free speech, you might by now be feeling some rueful second thoughts." I've got a new Cato post on the speech-chilling letters that D.C.'s top federal prosecutor sent to Democratic lawmakers Robert Garcia and Chuck Schumer. /1

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walterolson.bsky.social•1 day ago

True threats? Nope. Incitement? Afraid not. There aren't any plausible theories by which Garcia's or Schumer's statements fall outside the bounds of First Amendment protection. And that's aside from the whole Speech and Debate Clause issue. /2

walterolson.bsky.social•1 day ago

Ironically, Martin made his name over the past four years as a leading advocate for January 6 rioters, many of whom had threatened public officials in extravagant terms. It’s hard to believe that he did not develop a familiarity with the First Amendment ground rules during that experience. /3

walterolson.bsky.social•1 day ago

Cato has filed as amicus in cases over the years to ensure that the 1A exceptions remain appropriately narrow, allowing room even for heated and intemperate speech that poses no true threat. And SCOTUS has held that line. Does Martin not know the state of the law, or is he ignoring it? /4, end

laurentguy.bsky.social•1 day ago

Or he expects the state of the law to change.

walterolson.bsky.social•1 day ago

My earlier thread, which makes a few more points on Martin and these intimidating letters, is here:

walterolson.bsky.social•1 day ago

And the WP is out with a piece in which his ally, MAGA lawyer Mike Davis, says Martin "is not going to use the justice system to create fake crimes." Maybe he's just going to threaten to do that so as to have something to hold over peoples' heads, then?

robrandhava.bsky.social•1 day ago

The Sixth Amendment would be just as big of a problem for him as the First Amendment.

But if he wants to keep sending stupid letters, that's on him...

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