- 29,704
- a baby, candy, it's like taking.
- TexRex72
Legitimate harms are ultimately those perpetrated by others and falsity alone isn't a reasonable (legally or otherwise) basis for prosecuting speech.I agree with you that the case seems to be an uphill battle. It does help their case that Trump and Vance have continued to make those statements despite knowing the harm and falsity. But I'd wager that nothing comes of it, and it'll ultimately give Trump more reason to argue that he's persecuted by lawsuits that go nowhere. Rather than what's actually happening which is that he's harming people and they're trying to fight back.
It does feed the persecution narrative, but I don't see that as actually helping Trump because those stupid enough to buy it are already balls-deep on Trump, and so that's not really what concerns me. My primary concern is the justiciability of the claims (rather the fact that they aren't justiciable), and that the tired "fire in a crowded theater" trope was invoked in the filing is...not great.