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Fox News
Fox News
4 Apr 2024


A Georgia judge has denied former President Donald Trump's motion to dismiss his 2020 election interference indictment on the grounds of First Amendment protection. 

"After considering the extensive briefing, the argument of counsel, and the indictment, the Court finds these vital constitutional protections do not reach the actions and statements alleged by the State. Nor do the statutes themselves facially violate the First Amendment," Fulton County Superior Court Judge Scott McAfee ruled Thursday.

Scott McAfee and Donald Trump

Georgia Superior Court Judge Scott McAfee and former President Donald Trump (Getty Images)

"They argue this prosecution violates the First Amendment’s protections of political speech and activity, freedom of association, and the right to petition Congress as-applied to their alleged conduct, and further contend that the indicted charges are overbroad," he said. 

Brianna Herlihy is a politics writer for Fox News Digital.