Trump's lawyers claim gag order would violate free speech
Former President Donald Trump pushed back on a Department of Justice request for a gag order regarding his prosecution.
The Trump legal team published a 25-page brief condemning the DOJ's request, citing freedom of speech and the necessity of transparency.
"The prosecution would silence President Trump, amid a political campaign where his right to criticize the government is at its zenith, all to avoid a public rebuke of this prosecution. However, ‘above all else, the First Amendment means that government has no power to restrict expression because of its message, its ideas, its subject matter, or its content,’" the brief states.
The Trump legal team published a 25-page brief condemning the DOJ's request, citing freedom of speech and the necessity of transparency. (Sean Rayford/Getty Images)
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The document adds, "The prosecution may not like President’s Trump’s entirely valid criticisms, but neither it nor this Court are the filter for what the public may hear."
The brief was filed Monday and disputes claims by prosecutors that Trump's history of inflammatory comments about political opponents threaten legal proceedings.
Special counsel Jack Smith's team is aiming to restrict the former president's ability to comment on the case, claiming his famously fiery and antagonistic rhetoric could affect jurors' perceptions.
Timothy Nerozzi is a writer for Fox News Digital. You can follow him on Twitter @timothynerozzi and can email him at
