A Georgia judge on Thursday denied efforts by former President Donald Trump and 14 others to dismiss the 2020 election-related case in Fulton County, ruling that the First Amendment does not protect the defendants from prosecution .
In a 14-page order, Judge Scott McAfee rejected the defendants’ argument that the charges violate First Amendment protections regarding political speech and the right to petition Congress.
“Freedom of expression – including political speech – is not without restrictions,” McAfee wrote. “These excluded categories include speech that is an integral part of criminal conduct, fraud, or speech that presents an imminent threat that the government can prevent.”
Trump and 18 other co-defendants were indicted last year on state charges by a Fulton County grand jury, the culmination of an investigation by District Attorney Fani Willis and her office. Prosecutors claimed the defendants worked to overturn Georgia’s election results after Trump lost the state in 2020. Trump and most of the other defendants have pleaded not guilty and denied wrongdoing, while several others reached plea deals.
Former president faces 10 criminal charges, after McAfee dismissed three against him in a previous decision.
Defense attorneys challenged the state laws underlying the charges, saying the alleged violations constituted protected political speech. McAfee ruled that First Amendment protections do not apply, since the speech in question is “purported to have been made in the course of criminal activity.”
“Even fundamental political speech addressing matters of public concern is not immune from prosecution if it is allegedly used to promote criminal activity,” the judge wrote.
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