While former President Trump's campaign lawyer may argue that she believed her baseless claims about “fraud” in the 2020 election, there is no First Amendment right to lie to people to get their money.
Despite his claims to the contrary, then-President Donald Trump lost the 2020 election — but his campaign lawyer Sidney Powell apparently did very well for herself. We recently learned PowellIt’s unclear where all that money went. Federal prosecutors haveSpreading fake news to ask for money is commercial speech, and courts enforce laws criminalizing fraud.
Trump himself has shown the profitability of this model. A minor agitator suspended by Twitter for repeatedly lying might start a GoFundMe account and complain to sympathetic donors about being “canceled” by Big Tech. A former president, however, can open a Super PAC and rake in millions claiming to be a victim of both “election fraud” and “cancel culture.
On the other hand, there must be limits to what politicians, political parties and “independent” organizations organized for political purposes permissibly can say to raise money. But what about a candidate who loses an election by a wide margin, ought to know he has no possible legal way of changing the election result, but still solicits money from the public to pay lawyers to file frivolous lawsuits challenging the election? That presumably is a fraud too, unless the people who send their money are told that there is little or no chance that the lawsuits will succeed or that the election results will change. As we know, that has not been the case with Trump’s missives.
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