In Supreme Court case "Anderson v Trump" Donald Trump claims that nothing that President Trump did “engaged” in “insurrection.”

Claim

Name

In Supreme Court case "Anderson v Trump" Donald Trump claims that nothing that President Trump did “engaged” in “insurrection.”

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Broader claims

In Supreme Court case "Anderson v Trump" Donald Trump claims that US Supreme Court should reverse Colorado Supreme court holding that he did "engage in insurrection"

Opposing arguments

In Supreme Court case "Anderson v Trump" respondent Anderson et al. claims that based on “clear and convincing evidence” Colorado trial court in case "Anderson v Griswold" has already found that Trump was the “factual cause” of the insurrection on January 6, 2021

Quotes that support the claim

The Court should also review and reverse the Colorado Supreme Court’s holding that President Trump’s speech could be constitutionally proscribed incitement under Brandenburg v. Ohio, 395 U.S. 444, 447 (1969). The state supreme court relied on Professor Simi’s testimony and deferred to the district court’s factfinding in wrongfully holding that President Trump had encouraged violence and that his words were likely to have that effect. App. 106a–113a. But constitutional speech protections should not turn on opinions from sociology professors, and constitutional facts of this sort should be reviewed de novo rather than deferentially

President Trump never told his supporters to enter the Capitol, either in his speech at the Ellipse33 or in any of his statements or communications before or during the events at the Capitol. To the contrary, his only explicit instructions called for protesting “peacefully and patriotically,”34 to “support our Capitol Police and Law Enforcement,”35 to “[s]tay peaceful,”36 and to “remain peaceful.”

The Colorado Supreme Court faulted President Trump for not responding, in their view, with alacrity when he learned that the Capitol had been breached. 38 Even, however, the Colorado Supreme Court conceded that not acting does not constitute “engagement” in insurrection. App. 91a (¶ 195) (“The force of the term to engage carries the idea of active rather than passive conduct, and of voluntary rather than compulsory action.” (quoting The Reconstruction Acts, 12 Op. Att’y Gen. 141, 158 (1867))

Referenced by

In Supreme Court case "Anderson v Trump" Donald Trump claims that US Supreme Court should reverse Colorado Supreme court holding that he did "engage in insurrection"

US Politics

In Supreme Court case "Anderson v Trump" respondent Anderson et al. claims that based on “clear and convincing evidence” Colorado trial court in case "Anderson v Griswold" has already found that Trump was the “factual cause” of the insurrection on January 6, 2021

US Politics

President Trump never told his supporters to enter the Capitol, either in his speech at the Ellipse33 or in any of his statements or communications before or during the events at the Capitol. To the contrary, his only explicit instructions called for protesting “peacefully and patriotically,”34 to “support our Capitol Police and Law Enforcement,”35 to “[s]tay peaceful,”36 and to “remain peaceful.”

US Politics