In recent days, Donald Trump’s campaign manager has been accused of assaulting a reporter (Trump defended his man), and the candidate himself has said that, as president, he might change libel laws and sue the media over negative stories. He has also urged violence against protesters at his rallies, while claiming that those protesters have violated his own First Amendment rights.

With these events in mind, I called Geoffrey Stone, a University of Chicago professor and the author of several books on the tension in American history between the First Amendment and the executive branch, and on press freedom more broadly. We discussed whether Trump’s support of violence is illegal, the ways in which Trump might threaten the freedom of the press as president, and the consequences of a chief executive who despises the media. The conversation has been edited and condensed.

Trump has encouraged violence against protesters at his rallies, saying he’d like to punch protesters himself, and offered to cover the legal fees of supporters who take matters into their own hands. Is such incitement covered by the First Amendment?

He is inciting violence, but not in a way that could be punished consistent with the First Amendment. Under existing law, a person can be punished for encouraging others to commit crimes only if he expressly incites violence and his speech creates a clear and present danger of serious harm. In this context, the present danger element isn't satisfied because there is plenty of time for others to encourage people not to be violent. Moreover, even if his expression creates a clear and present danger of violence, the First Amendment protects the speech unless the harm is serious. In these situations, a few fistfights probably aren’t sufficient to satisfy that standard.

Read more at Slate