The Daily Fuckup

The American Civil Liberties Union filed an amicus brief on Oct. 25, 2023, backing a First Amendment challenge to the gag order in Donald Trump’s federal election-interference case. The filing asked the court to narrow the restrictions, arguing that the order’s ban on speech that “targets” certain people is too vague and reaches too much protected speech. The ACLU also said the order sweeps in conduct that does not amount to threats, incitement or any other unlawful speech. ([aclu.org](https://www.aclu.org/press-releases/aclu-files-brief-arguing-trump-gag-order-violates-the-first-amendment))

The brief was aimed at the district court’s Oct. 17 order, which barred Trump from making public statements that target the special counsel, court staff, defense lawyers and potential witnesses, as well as the substance of witness testimony. The ACLU said the order should be reworked so it is more narrowly tailored to protect the administration of justice without unnecessarily limiting speech. ([aclu.org](https://www.aclu.org/press-releases/aclu-files-brief-arguing-trump-gag-order-violates-the-first-amendment))

The dispute continued into the appeals court. On Nov. 3, 2023, the D.C. Circuit administratively stayed the district court’s Oct. 17 order while it considered Trump’s emergency stay request and expedited the appeal. The panel’s order said the stay was temporary and not a ruling on the merits. ([media.cadc.uscourts.gov](https://media.cadc.uscourts.gov/orders/docs/2023/11/23-3190LDSN.pdf))

The sequence matters. Oct. 31 was the publication date of the original story, not the date of the ACLU filing or the appellate order. The filing came on Oct. 25, and the stay order came on Nov. 3. As of that point, the gag-order fight was still live, with the scope of the speech restrictions left to the appellate process. ([aclu.org](https://www.aclu.org/press-releases/aclu-files-brief-arguing-trump-gag-order-violates-the-first-amendment))