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But there’s one person whose words Sacks didn’t feel qualified for free speech protection on January 6 – Donald Trump.

In a series of now-deleted tweets from January 2021, Sacks called Trump’s rhetoric leading up to the Capitol riot an incitement to violence that exceeded First Amendment protections – even as he argued against broad social media moderation for most content.

“Speech can be regulated under the First Amendment in ways that would have taken down the most incendiary tweets of Trump and the other rabble-rousers,” Sackswrote in asince-deleted tweet from January 11, 2021

“What happened at Capitol was an outrage. Incitement is not 1A protected,” Sackstweetedon January 15, 2021.

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“What Trump did was absolutely outrageous,” Sackssaid onthe podcast that also criticized tech censorship. “And I think it brought him to an ignominious end in American politics. He will pay for it in the history books, if not in a court of law.”

【 - Free Investment Portfolio Suggestions 】’s KFile counted at least 20 tweets from Sacks – mostly criticisms of Trump from 2021 – that have since been deleted, includingone mockingTrump and praising his then-presidential rival Ron DeSantis that wasdeleted by June 2023.

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But the majority of deleted tweets from Sacks focused on the January 6 riot.Severalreferedtothe riot at the Capitol as an “insurrection.” Another took aim at Trump’s false election rhetoric.

“When a party loses an election, it needs to look in the mirror and ask what it did wrong. Trump failed to do that in 2020,” Sackswrote onJanuary 9, 2021, in a since-deleted tweet. “Many Democrats failed to do that in 2016. It’s always easier to invent conspiracy theories than to accept defeat. We shouldn’t let them get away w/ that.”

“Do I approve of what Trump did in the Capitol this week? Absolutely not,” Sackswrotein another from January 9, 2021.

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In a statement to 【 - Free Investment Portfolio Suggestions 】, Sacks defended his past criticisms of Trump, arguing that they were based on incomplete information available at the time. Sacks also repeated claims about January 6 that have been proven false, saying his views evolved as new facts emerged and alleging that the media, Democrats, and Big Tech manipulated the narrative to discredit Trump.

“January 6 was a psyop designed to make President Trump look bad,” he told 【 - Free Investment Portfolio Suggestions 】 in a statement. “As I learned the truth, I updated my views and my X account. Apparently 【 - Free Investment Portfolio Suggestions 】 thinks it’s a scandal that I temporarily believed some of their fake news…”

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In announcing Sacks’ appointment on Truth Social in December, Trump said Sacks “will safeguard Free Speech online and steer us away from Big Tech bias and censorship.”

In recent years, social media companies have shifted from third-party content moderation to user-driven fact-checking. Elon Musk’s X (formerly Twitter) introduced crowd-sourced “community notes” to provide context to posts, and last Tuesday, Metaannouncedit will replace its fact-checking program on Facebook and Instagram with a similar system.

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Yet even his calls against social media moderation often took aim at Trump and those who participated in the riot.

“The ‘need to protect democracy against disinformation’ argument for heavy-handed social media ‘moderation’ seems to ignore that Trump is the first president since Herbert Hoover to lose the presidency, House, and Senate for his party. Voters seem to be figuring it out,” hewroteon January 10 , 2021.

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“The Storming of the Capitol was an outrage, my friend, but it wasn’t Fort Sumter and we’re not in a war. Let’s round up and prosecute the idiots who did this. Allowing them to incriminate themselves on social media aids that effort,”Sacks wrote.

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In 2021Sacks hosted a fundraiserfor DeSantis and in 2022he donated morethan $1 million to Republicans,according toFederal Election Commission records. When backing DeSantis’ 2024 White House run, Sacks hosted the governor’s glitch-ridden campaign launch on Twitter Spaces alongside Musk.

Following the primary, Sacks endorsed Trumpin a 1,300-word poston X, co-hosted a fundraiserfor Trump at his San Francisco home, andspokeat the Republican National Convention.

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