Judge throws out ACLU's argument that gag order violated Trump's free speech rights

Judge Tanya Chutkan has thrown out the American Civil Liberties Union (ACLU) argument that a gag order against Donald Trump is infringing on his freedom of speech

The ACLU last week sided with Donald Trump over the order imposed on him in the federal criminal case over his attempts to delegitimize the results of the 2020 election.

But on Tuesday, Chutkan declined to allow the ACLU's brief to be filed in the case, the Messenger reported.

"Although courts have in rare instances exercised their discretion to permit third-party submissions in criminal cases, neither the Federal Rules of Criminal Procedure nor the Local Criminal Rules contemplate the filing of amicus curiae briefs," Chutkan wrote. "At this time, the court does not find it necessary to depart from the ordinary procedural course by permitting this filing."

In the brief they submitted last week, the ACLU argued that the judge's limited gag order, which forbids Trump from publicly attacking Special Counsel Jack Smith, was too broad.

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“No modern-day president did more damage to civil liberties and civil rights than President Trump, but if we allow his free speech rights to be abridged, we know that other unpopular voices — even ones we agree with — will also be silenced,” said Anthony Romero, executive director of the ACLU.

“As much as we disagreed with Donald Trump’s policies, everyone is entitled to the same First Amendment protection against gag orders that are too broad and too vague," the brief added.

According to the ACLU, the gag order didn't clearly define "targeting" and could potentially prevent Trump from discussing 2024 presidential campaign issues that voters have a right to hear.

As The Messenger points out, Chutkan has denied outside individuals or groups permission to file petitions or briefs in the case at least 30 times.

The gag order was paused last week while Chutkan allowed an appeal, but was put back in place last weekend.