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Transcript

The First Amendment Firewall -- Why Judges will Quickly Reject Any Attempt to Prosecute Walz and Frey

Understanding the high bar for obstruction and why recent rhetoric doesn't meet it

The Trump administration has recently threatened to prosecute the Mayor of Minneapolis and the Governor of Minnesota for obstruction and conspiracy. As a former state attorney, I have seen many legal battles, but this one is particularly weak sauce.

Even if prosecutors can exceed the low bar of securing an indictment (still a big “if” here), it then has to pass through judges and trial juries. In this country, we have the First Amendment. Under the Brandenburg v. Ohio standard, speech is protected unless it is directed at inciting “imminent lawless action.” Simply criticizing federal agencies or calling the shooting death of Renee Good “murder” does not meet the legal definition of obstruction or conspiracy. Without an overt act or corrupt intent to physically hinder federal duties, these cases are going nowhere.

I’m here to break down the legal reality and why the Constitution remains our strongest defense.

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— Dave, AKA Florida LawMan

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