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 June 18, 2024

24 Republican Attorneys General Request That Gag Order in Trump's Florida Case Be Removed

A coalition of 24 Republican attorneys general has intervened in a Florida court case involving former President Donald Trump, opposing a gag order proposed by special counsel Jack Smith.

Fox News reported that the group contends that the gag order breaches constitutional rights and curtails vital political communication. The legal maneuver occurred in the Southern District of Florida, where the attorneys general filed their amicus brief.

This collective legal challenge addresses the gag order requested by special counsel Jack Smith, intended to prevent Trump from publicly discussing the ongoing classified documents case.

Iowa Attorney General Brenna Bird spearheaded this initiative, expressing concerns over the implications for political speech. The brief suggests that restricting Trump’s ability to communicate would infringe upon his constitutional rights, particularly in the context of an upcoming presidential election.

Legal Arguments Center on First Amendment Rights

Last month, Smith's team petitioned U.S. District Judge Aileen M. Cannon for the gag order, aiming to mitigate potentially prejudicial public statements by Trump about law enforcement activities and procedures.

The response from Trump’s side has characterized the FBI's actions in the investigation as excessively aggressive, a portrayal disputed by evidence showing standard operational procedures.

The Republican attorneys general argue that the proposed gag order not only limits Trump’s defense capabilities but also restricts public access to discussions of significant political import.

Brenna Bird’s commentary underscored the stakes: "This unconstitutional gag order would prevent President Trump from defending himself while he is on the ballot and deny Americans their right to hear from both candidates ahead of an election," she stated.

Florida Attorney General Ashley Moody added, "Once again, we are witnessing a prosecutor seek to keep the presumptive Republican nominee for President from speaking in the midst of an election. The First Amendment, at its core, is designed to protect political speech, and I along with my colleagues will not stand idly by and watch the Biden administration trample the free speech of a Florida citizen," Moody declared.

National Implications of Gag Order Debate

The brief emphasizes that free and fair elections hinge on the unhindered ability of candidates to engage with the public on current issues. "The attempts to stop a candidate from speaking out harm more than just the candidate. They also hurt the voters, who are denied access to crucial information, and the States, which are responsible for managing elections," the brief explains.

It continues, "And when agents of one candidate seek a court order to muzzle discussion on matters relating to important electoral issues, that restraint raises even more fundamental First Amendment concerns."

The attorneys argue that while there are circumstances where a gag order may be warranted, the specifics of this case do not justify such an "extraordinary restraint."

Joining Bird in the brief were attorneys general from a broad swath of the United States, including Florida, Texas, and Missouri, reflecting widespread Republican legal support for Trump’s right to speak during the ongoing legal proceedings.

This group's unified stance is presented as a defense of not just a single individual’s rights but as a broader safeguard for electoral integrity and free speech. "Each branch of government, even the judiciary, should be cautious about abridging core political speech—especially core political speech relating to a presidential election," asserts Bird.

The filing represents a significant moment in the intersection of law, politics, and public discourse, showcasing how legal actions can ripple through the political landscape.

This case highlights ongoing tensions between legal constraints and political campaigning, setting a precedent for how similar cases might be handled in the future.


In conclusion, the amicus brief from the 24 Republican state attorneys general represents a pivotal challenge to the imposition of a gag order on former President Trump.

It underscores the profound implications such legal measures can have on free speech, political campaigning, and the broader democratic process. The case continues to unfold, with significant national attention focused on its outcome and its potential impact on future electoral integrity and free expression.

Written By:
Christina Davie

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