Questions have arisen in recent days about whether Donald Trump, his supporters, and his opponents have acted in ways that either violate the First Amendment or can be punished consistent with the First Amendment. Here are some questions and answers:

Question: Can Donald Trump, consistent with the First Amendment, exclude those who oppose his candidacy from his political rallies? Answer: Yes. Donald Trump is a private citizen. The First Amendment, like all provisions of the Constitution, restricts only the actions of government. Thus, just as a private person can constitutionally host a party that includes only his friends, Donald Trump can constitutionally hold a rally that includes only his supporters.

Question: Can Donald Trump, consistent with the First Amendment, order the removal of those who oppose his candidacy from his political rallies? Answer: Yes. Just as a private person can constitutionally call the police to remove from his party those who were not invited, Donald Trump can constitutionally call the police to remove from his political rallies those who oppose his candidacy. (Of course, if he does so he must pay the political price for his action.)

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