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Law.com featured Haub Law Professor Bennett Gershman's piece "When the Government Speaks, Does the First Amendment Matter?"

02/17/2021

Law.com featured Haub Law Professor Bennett Gershman's piece "When the Government Speaks, Does the First Amendment Matter?"

Much, maybe too much, has been written about whether Donald Trump’s insurrectionary speech on January 6 is protected by the First Amendment. Commentators have cited Justice Oliver Wendell Holmes’s famous aphorism in Schenck v. United States that “the most stringent protection of free speech would not protect a man in falsely shouting fire in a theater and causing a panic.” Also prominently cited is the Supreme Court’s modern test for unprotected incitements set out in Brandenburg v. Ohio: [A]dvocacy [that] is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.”

But the discussion assumes that the First Amendment gives Donald Trump constitutional protection for his speech, regardless of the content or circumstances of his speech. Does it? Is the First Amendment applicable to speech by the government, and most especially to a president’s speech?

Read the full Law.com article.

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CBC featured Haub Law Professor Bennett Gershman in "Impeachment is over. These 4 threats now loom over Donald Trump"

02/16/2021

CBC featured Haub Law Professor Bennett Gershman in "Impeachment is over. These 4 threats now loom over Donald Trump"

In fact, said Ben Gershman, who specialized in corruption cases at the Manhattan district level and state level in New York and now teaches law at Pace University: "I'd be surprised if he wasn't charged."

Read the full CBC article.

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Atlanta Journal Constitution featured Haub Law Professor Bennett Gershman in "Fulton’s DA opens criminal investigation into Trump attempt to overturn Georgia’s election"

02/11/2021

Atlanta Journal Constitution featured Haub Law Professor Bennett Gershman in "Fulton’s DA opens criminal investigation into Trump attempt to overturn Georgia’s election"

But Bennett L. Gershman, a law professor at Pace University, said Willis is duty-bound to investigate possible criminal conduct in her jurisdiction. State and local prosecutors in New York are also investigating the former president concerning allegations of financial improprieties involving the Trump Organization. The case in Fulton County may be stronger, Gershman said Wednesday, due to the presence of an audiotape of the call to Raffensperger. “I think there’s a decent chance we’ll see criminal charges,” he said. “These are serious allegations.”

Read the full Atlanta Journal Constitution article.

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Agence France-Presse featured Haub Law Professor Bennett Gershman in "After Senate trial, will Donald Trump face criminal charges?"

02/08/2021

Agence France-Presse featured Haub Law Professor Bennett Gershman in "After Senate trial, will Donald Trump face criminal charges?"

There's little chance Donald Trump will be convicted by the US Senate of inciting an insurgency but his legal troubles won't end with the conclusion of his second impeachment trial. Prosecutors, who are elected and dependent on taxpayers' money, would have to mobilize a considerable war chest to indict him -- something they may not be willing to do. Bennett Gershman, a former prosecutor and law professor at Pace University, also expects an indictment by Vance but envisages little more. "If he were to face a jury it would be a circus. It would be something nobody has seen before," he said.

Read the full Agence France-Presse article.

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Mother Jones featured Haub Law Professor Bennett Gershman in "A Major Trump Forum Scrubs Its Archives of Thousands of Pre-Riot Posts"

02/01/2021

Mother Jones featured Haub Law Professor Bennett Gershman in "A Major Trump Forum Scrubs Its Archives of Thousands of Pre-Riot Posts"

Bennett Gershman, a criminal and constitutional law professor at the Pace University School of Law says the removals could bring additional legal troubles. “Destroying evidence after you’ve committed a crime might itself be a crime. We’re talking about potentially tampering with evidence,” he says. “By removing these communications you’re evidencing a consciousness of guilt. Removing evidence that would incriminate you could be inferred that you engaged in criminal activity.”

To Gershman, the maps of the Capitol, combined with people actually having breached the Capitol, “could be explosive evidence that shows a high degree of planning…It’s like having a blueprint of the bank before a bank robbery.”

Read the full Mother Jones article.

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