After two hours of arguments, it appears that the federal appeals court was leaning toward reinstating Donald Trump’s gag order.

Trump’s lawyer argued, “Criminal speech obviously is subject to the restrictions that political speech, that is core political speech, that’s part of campaign speech that.”

Judge Patricia Millett wasn’t necessarily buying the distinction, “I think that kind of calling labeling it core political speech begs the question of whether it is in fact political speech or whether it is political speech aimed at derailing or corrupting the criminal justice process. You can’t simply label it that and conclude your balancing test that way we have to balance.”


The court also seemed to see the threat posed by Trump’s rhetoric and as NBC News’s Ken Dilanion reported, the judges seem to be leaning toward reinstating Trump’s gag order:

It is possible that the judges may reinstate the gag order, but narrow its scope, but during the two hours of arguments, it sounded like the court was leaning in the direction of putting the gag order back into place, because Trump has demonstrated that he both will not limit himself, and that using dangerous rhetoric is part of his political strategy for the 2024 election.

Jason Easley

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