Former President Donald Trump's legal team is arguing that his speech on Jan. 6, before the Capitol insurrection, is protected by the First Amendment.
George Mason University law professor Ilya Somin says concerns about whether Trump's speech would be protected if he were a private citizen is irrelevant. He argues U.S. presidents can be impeached and removed for certain speech, even if it is not criminal.
Here & Now's Tonya Mosley speaks with Somin, who is also an adjunct scholar at the Cato Institute and author of "Free to Move: Foot Voting, Migration and Political Freedom."
This segment aired on February 11, 2021.