The Trump campaign is arguing that it should not be held liable for WikiLeaks publishing Democratic Party emails stolen by a group linked to Russian intelligence ahead of the 2016 election.

The campaign made the case Tuesday while asking a federal court in Virginia to throw out a lawsuit brought by a former Democratic National Committee staffer and two Hillary Clinton donors. The suit seeks to tie the campaign to WikiLeaks' release of their private information following an alleged Russian DNC hack, but not to the electronic incursion itself.

The campaign argued in a court filing that such disclosures are not illegal because they are protected by the First Amendment, particularly given how WikiLeaks was a forum for third parties to post information akin to Google or Facebook, according to the Guardian. Additionally, the campaign asserted that free speech covers stolen information, "so long as (1) the speaker did not participate in the theft and (2) the information deals with matters of public concern.”

The filing further states that the right to free speech overrides privacy concerns, the Atlantic reported.

The plaintiffs are likely to counter the campaign's argument by claiming, for example, Social Security numbers disclosed in the leak do not amount to "matters of public concern," according to Lawfare. The campaign's reasoning could also be dismantled by evidence of coordination with WikiLeaks or Russia prior to the hack.

The case, Cockrum v. Trump, was previously thrown out by a federal court in Washington over procedural issues. It was refiled in Virginia and alleges public disclosure of private fact, intentional infliction of emotional distress, civil conspiracy, and intimidation of voters.

U.S. intelligence agencies believe that WikiLeaks was used by Russian intelligence to release stolen emails from the Democrats as part of an effort to get Trump elected. WikiLeaks denies this assertion.

Editor's note: This report has been updated to reflect that the Trump campaign is arguing that the campaign, not WikiLeaks, should not be punished for the WikiLeaks disclosures.