Futurelawyer

A Man For All Seasons - Why The First Amendment Protects Free Speech.

My post this morning about the shocking speech by John Kerry, which echoes current political argument challenging free speech, and attacking the First Amendment to the Constitution, brought to mind the wonderful movie, A Man For All Seasons. Thomas More defied attacks on the law by his King, his family, and Parliament. The Devil speech from the movie is the best defense of the law and free speech I have heard. Free speech must be tolerated unless it violates the law against advocacy of violence. If men are to be free, they must be free to say whatever they wish. If we restrict that right for political expediency, we are no longer free. That is not difficult to understand. Watch this clip. It is also the reason why we give criminals the same rights to a free and fair trial as anyone else. It is the reason why lawyers who defend criminals are patriots. 

 

Free Speech Is Under Attack. Where Do You Stand?

World Economic Forum. I never thought I would hear these words come from the mouth of people who have, and do, hold leadership positions in our Government. "Disinformation" needs to be "curbed", and the First Amendment is the problem? Oh my everloving God. Let it be known. I don't care what your politics are. But, I will, if necessary, defend the First Amendment to the United States Constitution to the death. John Kerry actually ran for President of the United States. John Kerry actually went to law school. He must have missed the class on Constitutional Law. His take? "The First Amendment" is "part of the problem", "in building consensus"? "It's really hard" to build consensus? It is supposed to be hard, Mr. Kerry. "The referees we used to have" "have been eviscerated to a certain degree"? It is called the electoral process, Mr. Kerry. It is called representative democracy. It is called the separation of powers. The ultimate arbiter, after the vote of a free people, is the Supreme Court of the United States. The citizens determine what is disinformation; but, free citizens may say whatever they wish. They may even lie, as long as they do not advocate violence. If you do nothing else today, watch this two minute clip of Mr. Kerry on a panel, criticizing the most important Amendment to the Constitution.

Alan Dershowitz On Freedom Of Speech.

In this message, one of my heroes, Alan Dershowitz, a Constitutional Law Professor, among many other accomplishments, gives a great class on free speech and the U.S. Constitution, which expands on my post the other day about the insane ideas being proposed by the left attempting to censor speech that they disagree with, and lies which are described these days as "disinformation". He explains that lies and hateful speech are protected by the Constitution, and cannot legally be proscribed unless they involve other people, in which case they can become actionable defamation. The first part of the message deals with the anti-semitic actions of the United Nations, such as condemning Israel for defending itself from annihilation. The hypocrisy of some countries condemning Israel while abusing their own citizens is monstrous. But, while I agree with Dershowitz on the issue of Israel, the most important discussion, for me, is the limits of speech, and the fact that free speech is essential to our Republic's freedom. If you want to understand the free speech issue, watch the last half of this message, at least.

 

 

Free Speech Is Fundamental - Con Law Lesson #1.

Okay, boys and girls, this is what I learned on the first day of Constitutional Law in law school. It should be taught in high school. The Constitution is a "limiting" document. Unless a power is granted to the Government in the Constitution, it remains with the "people". Pretty clear. So, when a Government official or politician claims that Government should have the right to limit speech that is "disinformation", it doesn't have that power. Period. Disinformation is another way of saying "lying". In fact, in the United States, we are free to lie. The only time speech can be regulated is speech that incites violence. In Law School, the example used was yelling "Fire!" in a crowded theater. Politicians lie all the time. Should we jail them all? Should we censor political speech? Of course not. If we do, we are no longer free. Regulating speech is no more acceptable now that the left wing is trying to do it than it was in the Fifties and Sixties when the right wing was trying to do it. We may be disgusted by someone's speech; but, we have no right to silence them. For instance, this current colloquy:

"RFK Jr: “Tim Walz has said that he doesn't think that the First Amendment protects misinformation or disinformation, that the government gets to decide what kind of speech is protected.” “Kamala Harris has said the same thing; that if you promote misinformation we're going to punish you, you've abused your privilege. In other words to her, the First Amendment is a privilege not a right.” “When we give government the power to be the arbiter of what speech is protected and which isn't, then that is the end of democracy.”

Mr. Kennedy is right. If you want a current political issue that dwarfs all the others, this is it. There is a reason it is the very first Amendment to the Constitution.

 

Free Speech Is An Existential Issue.

Longtime readers know that I am apolitical. I don't care for some Republican and some Democrat ideas; but I don't argue politics online. I think everyone deserves to say what they want in a free society. When you can't say things that others find offensive, you are no longer free. So, yes, I am a free speech absolutist. There is no other way to guarantee freedom without violence. We are taught that the U.S. was born in order to pursue that freedom. So, when I see the E.U. and countries like Brazil pass laws to restrict freedom of speech, I thank God we live in the U.S., where freedom of speech is guaranteed by the Constitution. But, that freedom only lasts as long as those in power are forced to recognize and support it. So, I support popular protests like this one in Brazil, and I support X. I don't care what your politics are. But, I support your right to argue for them in your own way. The only restriction on speech is that which advocates violence. There was a time in our history when vile Nazis were allowed to march in Skokie, Illinois. And, the ACLU supported their right to do it. When did free speech become a violation of law? Brazil free speech protests.

Signal - It Is The Surveillance State's Worst Nightmare.

Signal. Every time I read, in the news, about another famous person, or political party, or other prominent entity, whose private inter company or personal messages are hacked, and made public, I think about Signal. This non-profit, encrypted message application is used my millions of people to keep confidential communications private. It doesn't surveil you, no one else can see your data, and it is free, since the entity is non profit. While such an application can certainly be used for evil purposes, in a free society, it is an essential tool for groups who have a legal interest in privacy. It is ideal for lawyers who much keep their clients' communications secure and private. The recent arrest of Telegram's CEO in France has highlighted the battle between governments who want to know everything, and those who don't want government intrusion into their privacy. As Generative AI becomes more entwined in the system, this battle will become more important. While we don't want governments to control our every action, it will be much tougher to fight against AI computers that can anticipate and block our every move. It is thus important to elect governments who are required, by law, to preserve our freedom of speech. Do you know what your candidate feels about this issue? Does the political party your support really believe in freedom of speech? Without freedom of speech, there is no real freedom. If the State can control speech, it can control everything.

 

Free Speech Is Not Just Speech You Agree With.

The recent ludicrous and dangerous U.K. laws that prosecute ordinary people for alleged speech violations, and the fact that many people on both sides of the political aisle are trying to restrict the speech of those they disagree with, prompts me to use my bully pulpit to express my view that free speech is essential to human life and happiness. If you can silence me, or chill my speech, you can effectively kill me, spiritually. The whole American experiment fails without free speech. I don't care whether you like Elon Musk or not. However, he has, in my opinion, saved free speech by using his wealth to create a place where all speech is welcome. Great Britain, on the other hand, risks its very survival as a country by passing ridiculous laws that are being used to punish ordinary people for saying things others don't like. This little speech by Rowan Atkinson, which points out the crazy things going on in the U.K. should be trumpeted everywhere. I have friends on the left, and on the right, and I say to them all. Abandon free speech at your peril. As Rowan puts it, "Go ahead and insult me". Please.

 

The Twitter Files - True Journalism Isn't Dead Yet.

Michael Wade at Execupundit.com points out this interview with Michael Shellenberger, who, with the consent of Elon Musk, released the so-called Twitter files, which showed that Twitter, pre Musk, was engaged in a campaign to alter the public's perceptions to fit a political narrative. Such manipulation should bother free speech advocates, regardless of your political beliefs. Free speech is the cornerstone of our Republic. It should never be abused, if we want to keep it.

 

Why The American Flag Should Be Respected.

We should never be embarrassed by showing devotion and respect to our flag, in its capacity as a symbol of our particular form of government. Without a functioning government, we are living in chaos. Like my attaining the rank of Eagle Scout as a boy, patriotism and respect for our flag have been coopted by some, and their antics are spread by a media system that glorifies disrespect and violence. Words and symbols have meaning. Traditions have power. Basic human dignity is important. Spend a minute or two, and listen to Red Skelton explain the meaning of the Pledge of Allegiance. When we say it, or when we hear the national Anthem at ball games, do we understand its meaning?