During today’s hearing, Trump attorney Steve Sadow has repeatedly cited a 2012 Supreme Court case dealing with free speech to bolster his argument that the charges against the former president should be dismissed.
The court, in US v. Alvarez, struck down a law that had made it a crime to falsely claim that military medals were earned. Writing for a majority, then-Justice Anthony Kennedy said that the law violated free speech protections.
“The nation well knows that one of the costs of the First Amendment is that it protects the speech we detest as well as the speech we embrace,” he wrote.
Then-Justice Stephen Breyer wrote in a concurrence that the
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