EXPLAINER: Is Alex Jones’ trial about free speech rights?

EXPLAINER: Is Alex Jones’ trial about free speech rights?

SeattlePI.com

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CHICAGO (AP) — Conspiracy theorist Alex Jones arrived at a Texas courthouse for his defamation trial for calling the Sandy Hook Elementary School attack a hoax with the words “Save the 1st” scrawled on tape covering his mouth.

Although Jones portrays the lawsuit against him as an assault on the First Amendment, the parents who sued him say his statements were so malicious and obviously false that they fell well outside the bounds of speech protected by the constitutional clause.

The ongoing trial in Austin, which is where Jones’ far-right Infowars website and its parent company are based, stems from a 2018 lawsuit brought by Neil Heslin and Scarlett Lewis, whose 6-year-old son was killed in the 2012 attack along with 19 other first-graders and six educators.

Jones is expected to testify Tuesday in his own defense.

Here’s a look at how the case relates to the First Amendment:

ARE ALL DEFAMATION LAWSUITS FIRST AMENDMENT CASES?

They are. Defamation laws evolved through decades of U.S. Supreme Court rulings on what is and isn't protected speech.

Typically, the first question jurors answer at trials is whether the speech qualifies as unprotected defamation. If it does, they address the question of damages.

Jones' trial largely skipped the first question and went straight to the second. From the start, it focused not on whether Jones must pay damages, but how much.

WHY IS HIS TRIAL DIFFERENT?

Jones seemed to sabotage his own chance to fully argue that his speech was protected by not complying with orders to hand over critical evidence, such as emails, which the parents hoped would prove he knew all along that his statements were false.

That led exasperated Judge Maya Guerra Gamble to enter a rare default judgment, declaring...

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