Bloomberg BNA: Trump Campaign Statements Protected in Travel Ban Case, Group Says (In the News)

Bloomberg BNA: Trump Campaign Statements Protected in Travel Ban Case, Group Says

By Kenneth P. Doyle

Relying on statements President Donald Trump made during his campaign to argue against his proposed immigration restrictions could chill free speech in campaigns, posing “an unacceptable risk to First Amendment interests,” according to a new brief filed with the Supreme Court ( Trump v. International Refugee Assistance Project, U.S. No. 16-1436, brief filed 6/9/17).

The friend-of-the-court brief filed by the nonprofits Center for Competitive Politics (CCP) and Public Policy Legal Institute (PPLI) urges the high court to grant review of a lower court decision that struck down Trump’s executive order…

“A review of campaign speech-even speech that sheds light on the reasons for later official action-chills expression and conflicts with numerous long-standing protections for campaign speech,” the brief said…

Dickerson, CCP’s legal director, said in a statement regarding the new Supreme Court brief in the travel-ban case: “If courts begin probing campaign statements to determine the legality of later official actions, candidates will be less inclined to give their frank opinions. The true victims of this principle are voters, who rely on unfiltered campaign speech to evaluate candidates’ fitness for office.”