**Special Counsel’s Testimony Contradicts Supreme Court Precedent on Protected Political Speech, Constitutional Experts Argue**
*By Jonathan Turley | Fox News | January 10, 2026, 10:07 AM EST*
For years, some of us have argued that President Donald Trump’s January 6th speech was protected under the First Amendment and that any prosecution would collapse under governing precedent, including *Brandenburg v. Ohio*.
I was regularly attacked as an apologist for my criticism of Special Counsel Jack Smith’s “war on free speech.” I have written extensively about his history of ignoring constitutional protections in his efforts to prosecute targets at any cost. Furthermore, I highlighted how Smith’s second indictment (which the *Washington Post* supported) was a direct assault on the First Amendment.
Now, years later, the *Washington Post* has acknowledged that Trump’s speech was protected and that Smith “would have blown a hole in the First Amendment.”
During Smith’s recent appearance before Congress, his contempt for the First Amendment was on full display. When asked by Chairman Jim Jordan (R-Ohio) whether Trump was entitled to First Amendment protections for his speech, Smith replied:
> “Absolutely not. If they are made to target a lawful government function and they are made with knowing falsity, no, they are not. That was my point about fraud not being protected by the First Amendment.”
This comment is entirely and shockingly wrong. Smith demonstrates a complete lack of understanding of the First Amendment and Supreme Court precedent.
**Jack Smith Denies Politics Played Any Role in Trump Prosecutions at House Hearing**
First, the Supreme Court has held that knowingly false statements are protected under the First Amendment. This precedent clearly contradicts Smith’s assertion and raises serious concerns about the legal foundation of his prosecutions.
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*Excerpt from Bill Maher: “Urges Americans to Support Free Speech Unconditionally”*
For more information, read the full article at [foxnews.com](https://www.foxnews.com).
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**Topics:** Crime/Corruption, Government, Politics/Elections
**Keywords:** First Amendment, Jack Smith, Donald Trump, January 6th, Supreme Court
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