Princeton professor Keith E. Whittington, Lawfare, January 19, 2021, that if former President Donald Trump’s lawyers cite the First Amendment in a Senate trial, the Senators should not consider it consequential. For one thing, an office holder can be convicted for actions that are lawful. Plus they only have limited First Amendment protection for things said on the job.
Articles of impeachment against Presidents Andrew Johnson, Richard Nixon, Bill Clinton and recently Trump were are based in part on statements. But no one then cited the First Amendment as a defense. Impeachment does not inhibit speech but is intended to protect from a dangerous president. (Politico, January 13, 2021, by Joshua Matz and Norm Eisen)
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