Jonathan Turley concerned about 'chilling' new Trump charges: 'When is the price too high?'

Constitutional law professor Jonathan Turley warned the latest indictment of former President Donald Trump has "chilling" implications for free speech in America. On "The Brian Kilmeade Show" Wednesday, Turley explained that the Constitution protects Trump's ability to claim the 2020 election was stolen, even if he knew his claim was false.

TRUMP INDICTED ON CHARGES OUT OF SPECIAL COUNSEL PROBE INTO JAN. 6

JONATHAN TURLEY: The burden is on the prosecution. And the question is, how do you actually prove this? What the indictment says is lots of people told Trump that the election wasn't stolen and that the challenge, the certification was invalid. Well, fine. I was one of those people saying that. But he had other people saying the opposite. He had attorneys, not a small number saying, ‘no, you can make these challenges. So the election was stolen. There is this evidence.’ Millions of Americans believe that. And so it's a weird indictment. The indictment says at the outset, as it must, that you are constitutionally protected in saying false things, including in an election. The Supreme Court has said that. It said in a case called Alvarez involving a politician who knew he was lying, and the court said this is still protected. But then basically, Smith does a 180 and says, ‘but not here because Trump was told it was a lie.’ Well, that doesn't make any sense. Alvarez knew it was a lie in that case. But also the Democrats challenged prior Republican presidents, including Trump. They knew that there wasn't a basis to challenge the election. Did they also commit crimes? Were they also indicted? Of course they weren't. …

Jack Smith, US special counsel, speaks during a news conference in Washington, DC, US, on Tuesday, Aug. 1, 2023. (Al Drago/Bloomberg via Getty Images)

What concerns me here is that the implications of this filing for free speech are quite chilling. And those people celebrating this indictment are dismissing that, and they shouldn't. … When is the price too high? You have an indictment in Florida, which I said was a strong one. That's a solid case. Trump could still beat it, but it's a legitimate case based on established evidence and established law. This is neither. Smith is trying to create new law here. And he doesn't cite any new evidence that should disturb people. There's got to be some point where you say enough. When you start to take a hatchet to the First Amendment in this quest to nail Trump, someone's gotta say look, he's not going to be the first president you don't like. We've had this First Amendment around for a long time. 

Voters who believe that President Biden is a poor leader would still voter for him over former President Donald Trump because Trump is "just evil." (Sean Rayford/Getty Images)

Former President Trump was indicted Tuesday on charges stemming from Special Counsel Jack Smith's investigation into the Capitol riot on Jan. 6, 2021.

Trump was indicted on four federal charges out of the probe, including conspiracy to defraud the United States; conspiracy to obstruct an official proceeding; obstruction of and attempt to obstruct an official proceeding; and conspiracy against rights.

Trump has been ordered to appear in federal court in Washington D.C. for his arraignment on Thursday, Aug. 3, at 4:00 p.m.

This is the second federal indictment the former president faces out of Smith’s investigation. Trump, who leads the 2024 GOP presidential primary field, has already pleaded not guilty to 37 counts related to his alleged improper retention of classified records from his presidency.

Fox News' Brooke Singman contributed to this report. 

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