TALLAHASSEE, Fla — Attorney General Ashley Moody is leading a multistate coalition of attorneys general in support of President Trump’s First Amendment rights. This action comes as another prosecutor seeks to impose an unlawful gag order on the former president. The coalition has filed an amicus brief, arguing that such a measure is both wrong and unconstitutional.
Attorney General Ashley Moody stated, “Once again, we are witnessing a prosecutor seek to keep the presumptive Republican nominee for President from speaking in the midst of an election. The First Amendment, at its core, is designed to protect political speech, and I along with my colleagues will not stand idly by and watch the Biden administration trample the free speech of a Florida citizen.”
The brief asserts, “Political speech is the primary object of First Amendment protection and the lifeblood of a self-governing people... Yet special prosecutor Jack Smith, on behalf of the United States, asks this Court to curtail that right by ordering a prior restraint on President Trump’s constitutionally protected speech. Such an order is presumptively unconstitutional… If granted, this request would prevent the presumptive Republican nominee for President of the United States from speaking out against ‘the prosecution and the criminal trial process that seek to take away his liberty.’”
The coalition presents three main arguments against the gag order request. Firstly, they argue that it is vague and overbroad: “The federal government asks the district court to gag President Trump from making ‘statements that pose a significant, imminent, and foreseeable danger to law enforcement agents participating in the investigation and prosecution of [his] case.’ But what are those statements? The federal government does not explain.”
Secondly, they contend that the special prosecutor cannot meet the heavy burden required for a content-based prior restraint: “…though the government repeatedly invokes the ‘integrity of the proceedings,’ it never explains with any specificity how Trump’s comments have endangered the judicial process itself. For example, the special prosecutor never offers proof that the Court will be unable to sit a fair jury because of any comments from President Trump… Nor does he allege (let alone prove) that any comments will sway witnesses or otherwise color evidence.”
Lastly, they emphasize interference with ongoing presidential election activities: “If granted, the special prosecutor’s request will prohibit President Trump from discussing major campaign issues during a presidential election year… Issuing a prior restraint against President Trump here would set an unsettling precedent for future political candidates. Political opponents and opportunistic litigators may seek to stymie debate by relying on whatever order is issued here. Such an outcome would be an unwelcome burden on democratic processes. Even more so when it comes to highest stakes battle in American politics—a presidential election…gagging a candidate means constituents cannot hear how he will reply to given issues—a concern like weaponization of prosecutorial processes against political opponents.”
For these reasons and more, Attorney General Moody and her coalition are requesting that courts deny this restriction on President Trump's First Amendment rights.
Attorney General Moody's efforts are supported by attorneys general from Iowa and West Virginia who spearheaded this brief along with those from Alabama, Alaska, Arkansas, Idaho, Indiana Kansas Kentucky Louisiana Mississippi Missouri Montana Nebraska North Dakota Ohio Oklahoma South Carolina South Dakota Tennessee Texas Utah Wyoming.