Democrats' Article of Impeachment Criminalizes Protected Speech


House Democrats' Article of Impeachment against President Trump is unconstitutional on its face, as it seeks to criminalize protected political speech. The full transcript of Trump's hourlong speech on Wednesday makes clear that he did not in any way incite violence under the two-pronged test established by the U.S. Supreme Court in Brandenburg v. Ohio.

In other words, his speech--which called for a march down Pennsylvania Avenue to the U.S. Capitol--was protected under the First Amendment and the activity he called for--a demonstration at the Capitol--was the very definition of peaceable assembly. As his speech was neither "directed to inciting or producing imminent lawless action" nor "likely to incite or produce such action," the Brandenburg test for incitement is not satisfied and his speech cannot be punished.

Democrats, however, want to ignore the Constitution anyway and impeach and remove President Trump...after he leaves office. This is the height of madness and the very definition of the abuse of Congress' impeachment power.

"The Dan O'Donnell Show" decimated this farce in a fiery and fact-based opening monologue Tuesday. Click on the player below to listen and click here to subscribe to "The Dan O'Donnell Show" on iHeartRadio!