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Is Eric Swalwell The Answer To Trump’s Prayers?

JonathanTurley

First, his lawsuit will force a court to determine if the defendants’ speeches were protected political speech. As if to guarantee failure, Swalwell picked the very tort — emotional distress — that was previously rejected by the Supreme Court.

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Trump’s Liability Or Opportunity? Two Capitol Police Officers Sue Trump Over Capitol Riot

JonathanTurley

The second “Count Five” is actually just a demand for punitive damages, rather than an actual separate tort. That claim runs directly counter to the controlling case law. In rejecting a suit against the church on constitutional grounds, Chief Justice John Roberts wrote: “Speech is powerful. .”