Appeals court upholds Trump's gag order with a few key tweaks

The court concludes that Trump's rhetoric causes real threats but allows him certain liberties of expression

By Kelly McClure

Nights & Weekends Editor

Published December 8, 2023 4:36PM (EST)

Former U.S. President Donald Trump returns from a court recess and speaks to the media during his trial in New York State Supreme Court on December 7, 2023 in New York City.  ( David Dee Delgado/Getty Images)
Former U.S. President Donald Trump returns from a court recess and speaks to the media during his trial in New York State Supreme Court on December 7, 2023 in New York City. ( David Dee Delgado/Getty Images)

A three-judge panel’s ruling on Friday is largely upholding the gag order placed upon Donald Trump in relation to comments he's made throughout his 2020 election interference case, concluding that his rhetoric has caused real threats, but narrowing the restrictions on his speech when not directed at court staff or witnesses.

In a statement for the court, Judge Patricia Millett summarized the importance of keeping the gag order in place, saying, “Mr. Trump’s documented pattern of speech and its demonstrated real-time, real-world consequences pose a significant and imminent threat to the functioning of the criminal trial process in this case;" highlighting that many of Trump's targets “have been subjected to a torrent of threats and intimidation from his supporters.” She adds that Trump has a constitutional right to free speech, like everyone else, but “does not have an unlimited right to speak.”

Taking to Truth Social to air his grievances on this, Trump batters against the ruling, writing, "An Appeals Court has just largely upheld the Gag Order against me in the ridiculous J6 Case, where the Unselect January 6th Committee deleted and destroyed almost all Documents and Evidence, saying that I can be barred from talking and, in effect, telling the truth. In other words, people can speak violently and viciously against me, or attack me in any form, but I am not allowed to respond, in kind. What is becoming of our First Amendment, what is becoming of our Country? We will appeal this decision!"

 


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