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The litigation brought by Stormy Daniels against Donald Trump has had its day of reckoning. All this was a resounding victory for the freedom of speech. After the right to life, protected by the Fifth and 14th amendments, and the right to be left alone, protected by the Fourth, the freedom of speech, protected by the First, is our most cherished.

Stated differently, it existed before the government did and thus did not come from the government. As it does not originate in the government, Madison and company believed it originates in our humanity. Earlier this week, a federal judge in Los Angeles ruled that Ms. Daniels claims that she and Donald Trump had a consensual sexual encounter in a Lake Tahoe hotel room in , shortly after Mr.

Trump has denied many times that he had a sexual encounter with Ms. Daniels also told Mr. Cooper that she had been with Mr. Trump in public after their encounter, and she produced a photo of them together in a public place. She then told him that after she and Mr. Trump had ended their friendship, a stranger approached her in the parking lot of a Las Vegas fitness center and threatened to harm her if she failed to keep the existence of her relationship with Mr.

She even produced a sketch of a man she said depicted the person who threatened her. In the same interview, she revealed that Michael Cohen, then Mr. Trump , and she accepted the money and agreed to stay quiet. He tweeted that the depiction of the man Ms. Daniels claimed threatened her bears a striking resemblance to her former husband and that she had made up the story of their sexual encounter, as well as the story of the parking lot threat.

He called the version of events she gave to Mr. Trump was going on, her lawyers filed litigation in federal court seeking to invalidate the nondisclosure agreement she signed with Mr. Cohen and accusing Mr. Trump of defamation when he said she had pulled off a con job.

On Monday of this week, at Mr. Bad cases often make good law, and this is one of them. Whether one believes Ms. Trump about what may have happened in a Lake Tahoe hotel room 12 years ago, one can appreciate the free speech values at play here. The Bill of Rights in general — and the First Amendment in particular — articulates negative rights. Trump directly or by implication an adulterer on national television, he can take to Twitter to proclaim that she has perpetrated a con job — and he can do so with impunity.

The failure of the courts to protect Mr. Trump from proffering that challenge by making him pay for it — would have constituted an infringement by the government of Mr. Trump often employs — could be punished, deterred or infringed upon by the government, the court found Ms.

She and her lawyers ought to have known the defamation claim would not prevail, and thus she or they at this writing, it is unclear who were ordered to pay the legal bills Mr. Trump incurred for defending the defamation claim. The United States has a long and storied history with the freedom of speech. The same generation that ratified the First Amendment — in some cases, the same human beings — also enacted the Alien and Sedition Acts, which prohibited speech defamatory of the government.

Thomas Jefferson pardoned all who were convicted under this dreadful and unconstitutional law, including a member of Congress. Yet Abraham Lincoln, Woodrow Wilson and Franklin Roosevelt all punished dissenters for the anti-war speech they uttered in wartime, and they got away with punishing them.

But since a unanimous opinion in involving hateful words uttered by a Ku Klux Klansman, the Supreme Court has held that all innocuous speech is absolutely protected from government interference and that all speech is innocuous when there is time for more speech to challenge or rebut it.

This has led to our robust modern jurisprudence, which declares that individuals decide for themselves what to say and hear. The government does not decide for us. He is the author of nine books on the U.

Click here for reprint permission. Click to Read More and View Comments. Hallow Stephen Moore Clifford D. Get all your state-by-state election news and polls here. Home Opinion Commentary A victory for free speech. Napolitano - - Wednesday, October 17, Please read our Comment Policy before commenting.

State of New Jersey

He pleaded guilty on May 28 to third-degree promoting prostitution. At the time the defendants were arrested in July , he was operating a single brothel at Brook Road in Lakewood. The joint investigation revealed that Romero-Flores and other brothel owners in New Jersey, New York and additional surrounding states worked together as a loose network to bring women into the U. Many women were tricked into believing they were going to the U. In other cases, they were coerced into going to the U.

We are proud to stand next to our law enforcement partners with the State of New Jersey to announce a great success against this despicable crime. Multiple victims were rescued in this investigation. The four male associates assisted Romero-Flores by watching the brothels, driving women and clients to and from the brothels, and carrying out other tasks. All of the defendants are Mexican nationals who were in the U.

They have been held in jail in lieu of bail since their arrests, and all also are the subject of federal detainers. The women, in many instances, were pressured to repay those who paid for them to be smuggled into the U. Romero-Flores ordered the women who worked for him to meet quotas. By using the Services, you agree to have your information used and transferred to the United States as set forth in this policy.

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At the time the defendants were arrested in July , he was operating a single brothel at Clients paid $30 for each sexual encounter. When, finally, the sexual encounter climaxes in the closing section (“and the name the focus to the scene of a rock show at the New Jersey Roosevelt Stadium. Clients paid $30 for each sexual encounter, authorities said, and either came to the brothels or were serviced through "outcalls," in which.