During today's hearing, Trump attorney Steve Sadow referenced a 2012 Supreme Court case, US v. Alvarez, to support his argument for dismissing charges against the former president. In this case, the Supreme Court struck down a law that criminalized falsely claiming military medals were earned, citing violations of free speech protections.
Former Justice Anthony Kennedy, writing for the majority, emphasized that the First Amendment safeguards speech, even speech that may be detested. Justice Stephen Breyer, in a concurrence, suggested that the government could pursue less restrictive means to achieve its objectives.
