Trump argues First Amendment protects him from ‘insurrection’ cases aimed at keeping him off ballot
- Lawyers say that moves to kick Trump off the presidential ballot under an ‘insurrection’ clause are attempts to interfere with his freedom of speech
- Trump’s contention that he is protected by freedom of speech mirrors his defence in criminal cases charging him for his role in the January 6 attack
“At no time do Petitioners argue that President Trump did anything other than engage in either speaking or refusing to speak for their argument that he engaged in the purported insurrection,” wrote lawyer Geoffrey Blue.
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Trump will also argue that the clause does not apply to him because “the Fourteenth Amendment applies to one who ‘engaged in insurrection or rebellion,’ not one who only ‘instigated’ any action,” Blue wrote.
The former president’s lawyers also said the challenge should be dismissed because he is not yet a candidate under the meaning of Colorado election law, which they contend isn’t intended to settle constitutional disputes.
The motion under Colorado’s anti-SLAPP law, which shields people from lawsuits that harass them for behaviour protected by the First Amendment, will be the first of the 14th Amendment challenges filed in multiple states to be considered in open court. It was filed late on Friday and posted by the court on Monday.
Denver District Judge Sarah B Wallace has scheduled a hearing on the motion for October 13. A hearing on the constitutional issues will come on October 30.