Defense attorney Richard Novak argued in court that the murder of Charlie Kirk cannot be politically motivated, citing Kirk's public statements on gender identity and sexuality as "hateful speech." Novak, representing Tyler Robinson, told the court: "Mr. Kirk spoke hatefully of certain groups of people... of people who don't have traditional norm-conforming gender identities... of people who are not strictly heterosexual."

The defense strategy frames Kirk's rhetoric as justification for dismissing political motive in the case. Critics are calling the courtroom remarks defamatory toward the victim.