• eestileib@sh.itjust.works
      link
      fedilink
      arrow-up
      21
      ·
      1 year ago

      You try it and see how far the 1st amendment gets you. Most defendants don’t get to trash the judge with no consequences.

        • squiblet@kbin.social
          link
          fedilink
          arrow-up
          13
          ·
          1 year ago

          They’re not common but they’re also not rare. More often, defendants are not incredibly corrupt loudmouth morons, don’t have any public following, or are in jail, and it’s not needed.

      • TheSanSabaSongbird@lemdro.id
        link
        fedilink
        English
        arrow-up
        2
        arrow-down
        1
        ·
        1 year ago

        The gag order doesn’t apply to Judge Engoron. Both he and Judge Chutkan in the DC case specifically exempted themselves from being covered by their respective gag orders. The logic is that the 1st Amendment protects criticism of federal judges. He can’t, however, threaten federal judges, so it’ll be interesting to see how far he pushes it. Unfortunately, in the past he’s shown a surprising amount of restraint in skating just up to the line, but not actually crossing it.

      • atzanteol@sh.itjust.works
        link
        fedilink
        arrow-up
        1
        arrow-down
        2
        ·
        1 year ago

        They don’t allow a judge to declare whatever they want. Trump is appealing one of his gag orders and will likely be successful in part.

        Judges can’t simply do whatever they want.

          • atzanteol@sh.itjust.works
            link
            fedilink
            arrow-up
            1
            arrow-down
            1
            ·
            edit-2
            1 year ago

            They can’t stop him from saying just anything, gag orders need to be narrow and serve a justice purpose.

            That’s why part of the gag is likely to be changed as its overly broad.

    • deadbeef79000@lemmy.nz
      link
      fedilink
      arrow-up
      0
      ·
      1 year ago

      “Congress shall make no law…”.

      This is the judiciary: different branch of government.

      The executive could also issue an order that restricts free speech and not violate the first amendment.

      • atzanteol@sh.itjust.works
        link
        fedilink
        arrow-up
        1
        arrow-down
        2
        ·
        1 year ago

        The court cannot violate the freedom of speech willy nilly. It must serve the purpose of justice being served.