Washington (CNN) Roger Stone is defending his use of social media against accusations by prosecutors that the conservative political operative broke his gag order in his criminal case.

The prosecutors' request of the judge to find that Stone has violated his gag order, which could put him in jail awaiting trial, "is a disproportionate response to Roger Stone's exercise of his First Amendment rights," Stone's attorneys said in a court filing Thursday.

Stone's attorneys say that his recent posts on Instagram that reference his court case wouldn't prejudice a jury, before launching into an attack of mainstream media coverage of his case.

They point out the "tens of thousands of hostile-to-Stone articles which have been authored by others," such as news coverage in outlets like the Washington Post, as well as an impersonation by comedian Steve Martin on Saturday Night Live and other celebrity portrayals of Stone in recent months that could slant a jury against him even more so than his social media activity.

"His lonely voice presents no threat to a fair trial under this court's supervision," his attorneys write. "Of more concern should be The Washington Post's unrelenting coverage of Roger Stone. "

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