In a recent court hearing, prosecutor David Harbach strongly argued against the protection of Trump's comments under the First Amendment, deeming them as inappropriate and beyond acceptable boundaries. Harbach emphasized that such speech should not be shielded by constitutional rights.
Judge Aileen Cannon weighed in on the matter, pointing out that the statute referenced by prosecutors for a potential gag order still necessitates a connection between the speech and any potential risks posed to others. Cannon highlighted the importance of establishing a factual link between the comments made by Trump and any potential threats that may arise.
