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Journal Entry - Monday, May 20, 2024

The First Amendment

People make a lot of noise about the First Amendment, but it is surprising how often people are willing to look the other way when it’s convenient to do so.

I recently had a conversation with someone that argued Michalel Cohen should have a “gag order” placed on him. The specific grievance was, “Why is Trump gagged when Cohen isn’t?” I found that interesting. In response, I explained that Cohen is not currently on trial, whereas Trump is currently on trial.

It’s important to point out that when a defendant is on trial, it as legal and necessary to insure that defendant doesn’t influence the jurors empaneled to hear the case and render a verdict. This is not only to provide impartial justice, it is also for the protection of the jurors. This is part of the legal system we all hold in high esteem. If a person is not on trial, there is no legal process to place a “gag order” them. That is what the First Amendment is all about.

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