In essence, Smith defines what is “[[truth]]” (Biden won), then outlines how that truthful information was delivered and how President Trump dismissed it. Therefore, President Trump’s “[[mens-rea]]” or state of mind was one of promoting intentional [[false]]hood. According to the [[Lawfare]] approach selected by Smith, this mindset is the predicate that blocks President Trump from using his [[first amendment]] right to speech as a defense. | In essence, Smith defines what is “[[truth]]” (Biden won), then outlines how that truthful information was delivered and how President Trump dismissed it. Therefore, President Trump’s “[[mens-rea]]” or state of mind was one of promoting intentional [[false]]hood. According to the [[Lawfare]] approach selected by Smith, this mindset is the predicate that blocks President Trump from using his [[first amendment]] right to speech as a defense. |