Lead impeachment manager and former constitutional law professor, Rep. Jamie Raskin, countered arguments from former President Donald Trump’s defense team that Trump was protected by the First Amendment in his statements on January 6 that resulted in his impeachment for inciting an insurrection. Raskin said that Trump went well beyond yelling fire in a crowded theater. As someone with responsibilities to prevent fire, he actually sent a mob to set the theater on fire and did nothing to help put it out. (Yahoo! News, February 10, 2021, by Crystal Hill)
Law Professor Noah Feldman, Bloomberg Opinion, February 9, 2021, says Trump’s lawyers are incorrect in applying the First Amendment to impeachment. They cite Supreme Court decisions in Wood v. Georgia and Bond v. Floyd. Both uphold the right of elected officials to free speech, but neither applies to impeachment for inciting an insurrection.