ACLU Says Trump Gag Order Violates His First Amendment Rights

The American Civil Liberties Union on Wednesday filed a motion to submit an amicus brief arguing that the partial gag order imposed on former President Donald Trump in Washington, D.C., is "too broad."

In a press release announcing the decision, the ACLU argued that the public has a right to hear from the former president ahead of the 2024 presidential election and said the current gag order is "insufficiently justified" because it does not show the speech it prohibits will threaten the administration of justice.

"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," ACLU executive director Anthony Romero said.

A district judge issued the gag order Oct. 16. It bars the former president from making public statements that target special counsel Jack Smith, court staff, attorneys, potential witnesses or testimony. Trump later appealed the gag order, which is now temporarily suspended as both parties wait for the U.S. Court of Appeals to hear arguments.

The case against Trump in Washington, D.C. charges him with attempting to overturn the results of the 2020 election.