Prof. Alan Rozenshtein Co-Authors Article in Persuasion on Case for Prosecuting Donald Trump
In the first of a two-part series, Prof. Alan Rozenshtein and Prof. Jeb Shugerman (Fordham University School of Law) write in Persuasion about how the testimony provided during the January 6th hearings changed their minds and strengthens the argument about the potential for prosecuting former president Donald Trump regarding his actions the during the Capitol riots on January 6, 2021. The pair argues that Trump's orders relating to allow rioters access to the Capitol "is not political speech of the sort protected by the First Amendment. American law regularly distinguishes 'material acts' or “overt acts” from mere speech." A counter-argument will be published later this week.