incitement

Freedom


Freedom – n. the power or right to act, speak, or think as one wants without hindrance or restraint; the power of self-determination attributed to the will – Apple Dictionary, v 2.3.

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Freedom of Speech

I’m an American living in America and the First Amendment says,

                                                   Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. [emphasis mine]

That’s it. Couldn’t be plainer. It’s expressed in absolute terms. That means that I can say what I want to say, when I want to say it, to whom I want to say it and in any way I want to say it and no government can stop me, muzzle me or inhibit me from saying what I want. That’s what it says, right?

Well, it looks that way, but because we live in this society together, this amendment isn’t absolute. Neither are the rest of them. We’ve decided that there must be exceptions for our mutual safety and for other reasons.

For the past 10 months there’s been discussion about incitement to riot. That’s an example of a restriction on freedom of speech being necessary to protect people and property from being harmed, in this example, by a mob, as happened on January 6, 2021.

Speeches were delivered to thousands at the Ellipse on January 6  by John Eastman, author of the infamous insurrection memo, Rudy Giuliani, Rep. Mo Brooks (R-AL), the disgraced, twice-impeached former President of the United States and more. Following those fiery speeches the mob injured people, killed people and desecrated the Capitol Building, inflicting enormous damage.

Those speeches, that incitement happened, even though any reasonable person would know that such speech would likely incite the mob to cause harm to others. There is a law against that and it’s possible that charges of incitement to riot may be filed against these speakers for their dangerous, unlawful exercise of actually-not-free speech.

Rep. Paul Gosar (R-AZ) is a White nationalist, neo-Nazi loving, Holocaust denial congressman who is so unhinged that several of his siblings have been outspoken critics of him and have urged voters to vote against him. His tweeted anime of him killing Rep. Alexandria Ocaso-Cortez (D-NY) and attacking President Biden with swords at last got him censured in the House and he was stripped of his committee assignments. That’s because he doesn’t have freedom to incite others to violence.

There is a strong sentiment to expel him from Congress. After all, “sharing an image of yourself killing a colleague would get you fired from virtually any job.” But this got worse. Right after being censured, Gosar delivered a clear statement of his lack of contrition by re-tweeting that dreadful, hateful, murderous anime. This guy isn’t just bad news; he’s dangerous, unrepentant bad news.

As bad, House Minority Leader Kevin McCarthy (R-CA) announced that if the Republicans regain control of the House following the 2022 elections, that he as Speaker will reinstate Gosar to his committee assignments. Sadly, I’m not surprised, as McCarthy has yet again tacitly endorsed violence.

207 Republicans voted against censure. Effectively, they were saying that threatening colleagues with violent death is okay with them. That’s our national leadership sending exactly the wrong message to our country in these perilous times. They are telling already angry people that committing violence is an okay remedy for whatever their dissatisfaction might be.

There is a lot of violent speech happening now. It’s coming from the mouths of hateful, dishonest cable blabbers. Ordinary citizens are calling for violence, a civil war and murdering Democrats. I don’t know if there are limitations on speech for all of that, but again, a reasonable person would know that such speech is likely to cause harm to others, just like yelling “FIRE!” in a crowded theater that isn’t on fire.

All of this makes me worry whether our few sensible limitations on freedom of speech have or will become completely ignored, allowing some to incite to violence those who would do us and our democracy harm, like braying the Big Lie to upend our democracy. That incitement is already happening.

Non-White Freedom

That’s an oxymoron.

Just ask Ahmaud Arbery. Or Freddie Gray. Or Trayvon Martin. Or Jacob Blake. Or George Floyd. Or .  .  .  oh, wait. You can’t ask them because they were all unarmed, doing nothing wrong and they were murdered.

Still looking for that “liberty and justice for all” thing. The 400-year-long search continues.

The Courts and Freedom

Here’s another take on freedom in a piece by Linda Greenhouse, What Happens When a Court Goes Rogue? Answer: Freedom gets pummeled into something insubstantial and we are left at risk of very bad things happening.

For that you can thank Mitch McConnell, who blocked hundreds of federal court appointments for the entire eight years Obama was president. That left hundreds of judicial benches vacant that Trump then filled, all without any oversight, putting extremists, cranks and incompetents into positions to decide our most important and sensitive issues.

Both the United States Court of Appeals for the Fifth Circuit and the Supreme Court are making judicial decisions that are unworthy of our Constitution and unworthy of us and which are removing one freedom after another from We The People. Their decisions will stick if we allow such behavior to continue, because,

The behavior you tolerate is the behavior you get.

People Need To Be Free

The Latin Grammy Awards were awarded on November 18 in Las Vegas and it was quite the spectacle. Most notable were the awards for the best song of the year and the best urban song. Both of those awards went to the artists of one piece: Patria Y Vida – “Homeland and Life.” It is a collaboration done by Cuban musicians in exile and is a protest against the repressive Cuban regime. It is in support of the freedom protests going on right now on streets all over that island.

In all the years of human existence there has never been a people who didn’t want to be free. That stands in stark opposition to the ever-present power mongers who seek to limit the freedom of others and dominate them. But the people will not tolerate that domination and the repression of their lives forever. That’s what is behind the protests in Havana and Tehran and Hong Kong and Ferguson and Kenosha and St. Paul and Portland and elsewhere. People want to be free. People need to be free.

Here’s part of what one of the music collaborators had to say in accepting the awards:

“And to my mother who told me, son, have courage to do what my generation couldn’t.

“But mommy, it is you who has courage to allow your kids to fulfill their dreams. I dedicate this Grammy to all the Latina mothers in the world who fight for the dreams of their children. To a free Cuba!”

It falls to all we moms and dads to fight for the dreams of our children, to fight against those who would use violence to suppress us, those who would lie and cheat and steal our freedom away from us so that their little minority can dominate and suppress us.

Right now they are stealing our power of representation through gerrymandering and stealing our voices from the ballot boxes. And they will win unless we who love freedom stand and fight the good fight, because the thieves are cunning and brutal and determined.

That’s why this fight is never over. Enlist now.

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The days are dwindling for us to take action. Get up! Do something to make things better.

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The Fine Print:

  1. Writings quoted or linked from my posts reflect a point I want to make, at least in part. That does not mean that I endorse or agree with everything in such writings, so don’t bug me about it.
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  3. Errors in fact, grammar, spelling and punctuation are all embarrassingly mine. Glad to have your corrections.
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JA


Copyright 2021 by Jack Altschuler
Reproduction and sharing are encouraged, providing proper attribution is given.

Imagine That Little Chat


No Surprise

It was a shock, but no surprise. We have been cultivating Rule by Mob for decades. Incrementally, the extremists, the angry, hateful ones, have infiltrated our society and our government, first with a toe hold of buffoons in Congress, then with more zealots spouting patriotic sounding phrases, the true meanings of which are anything but patriotic. They puffed with each step of power grabbing, strutting like self-important peacocks. All they needed was a megalomaniac cult leader to manipulate and channel their rage.

We now have 140 representatives and forty-three senators* who are so broken, so beholden to their dear leader that they have made themselves shockingly blind to the obvious. The result is a disempowered Congress, an even greater public distrust in government and a giant step toward autocracy and fascism.

Because of Republican cowardice the January 6 assault on the Capitol, the insurrection, the sedition has now become a training exercise for more assaults, mob rule and the end of democracy. These cowards dishonored 245 years of patriots and patriotism.

And they did it on our watch.

Impeachment – the Trial

To be fair, Trump’s attorneys had no way to defend him with facts or with law, since all the facts and all the law were against him. They had nothing substantive to work with. That left them only distraction, disingenuous arguments about process that had already been settled, attempts at smearing Democrats and whataboutisms. So, with great passion and righteous indignation attorneys van der Veen, Schoen and Castor claimed what follows. See if you can identify the theme. Editorial comments are in italics.

A lot of Democrats didn’t like Trump.

Something about Antifa.

It was whataboutism. The political left was not on trial. Plus, Antifa is a political idea, not an organization. It’s like they blamed the insurrection on grumpy.

Congressional Democrats refused Trump due process.

This was said literally as attorney Schoen was defending Trump in the exact venue of his due process, precisely as proscribed in the Constitution.

Elizabeth Warren and some other Democrats used the word “fight.”

There was nothing offered to suggest that any of the Democrats’ use of the word “fight” had anything to do with themselves or with Trump inciting riot, violence, insurrection and sedition. Besides, the Democrats were not on trial. Trump was.

Some bad things happened at some BLM protests.

BLM was not on trial. Trump was.

Some Democrats objected to the counting of electoral college votes in 2017.

There have been times when Democrats have had questions about election integrity.

Jerry Nadler opposed the impeachment of Bill Clinton.

Trump has First Amendment rights that the House Managers sought to refuse him. Castor presented an in depth recitation of case law about freedom of speech.

The First Amendment does NOT protect Trump or anyone else from prosecution for incitement to riot. It is akin to the denial of freedom of speech to falsely yell “FIRE!” in a crowded theater. Castor’s argument had no applicability to the proceedings..

Democrats hate Trump.

The House Managers were intellectually dishonest.

Some Democrats have spoken of punching people and have joked about the death of opponents.

Some law professors and the House Managers were mean to Trump’s attorneys.

Righteous indignation was expressed with great energy.

Jamie Raskin is a hypocrite.

The House Managers manipulated information and tried to trick the jurors.

This is just a sampler of the things said by Trump’s attorneys. Have you spotted the theme?

There was exactly one count of impeachment against Trump: that he incited an insurrection that violated the Capitol Building, the Constitution, the Congress and killed a lot of people. That was the only thing in question.

So the theme of all of the defense counsels’ arguments is that nothing offered in Trump’s defense addressed this one and only question. Which is to say, Trump’s lawyers presented no defense whatsoever. Zip. Nada. Bupkis. All they brought were various forms of distraction, and tragically, treasonously, that was enough. In the Through the Looking Glass America of the past several decades, that has been the through line of Republican politics. It has resulted in minority rule.

In an effort to support the unity that President Biden seeks to bring to our country, I offer a positive response to these defense counsels. Rather than diminishing these fraudulent men and their pitiful, disingenuous presentation, let us embrace them in an appreciation of their thankless, impossible task and simply hope that they got a fat retainer from Trump up front. Otherwise, they’ll be just like most of Trump’s other attorneys: unintentionally pro-bono bozos.

The damage has been done. Now it’s up to us to figure out how to carry on with some version of democracy, how to sustain the republic bestowed upon us by the Founders. Come to think of it, imagine having a conversation with Thomas Jefferson or Benjamin Franklin or any of them. Imagine that you’re bringing them up to date on what we’ve done with the country they birthed at such great peril to themselves and with such great hope. Go ahead; imagine that little chat.

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Just in case you’d like to do something about the aforementioned, here’s a list of the 17 Republican senators who voted to acquit Trump and who are up for re-election in 2022. Consider donating to their Democratic opponent who will hang that albatross around their necks.

Roy Blunt (R-MO)
John Boozman (R-AR)
Mike Crapo (R-ID)
Chuck Grassley (R-IA)
John Hoeven (R-ND)
Ron Johnson (R-WI)
John Kennedy (R-LA)
James Lankford (R-OK)
Mike Lee (R-UT)
Jerry Moran (R-KS)
Rand Paul (R-KY)
Rob Portman (R-OH)
Marco Rubio (R-FL)
Tim Scott (R-SC)
Richard Shelby (R-AL)
john Thune (R-SD)
Todd Young (R-IN)
Many thanks to MSA for the list.
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* A question for the 140 representatives and the 43 senators: What was so personally valuable to you that you were willing to violate your oath, compromise your integrity and sell out your country?

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Ed. note: We need to spread the word so that we make a critical difference, so,

  1. Did someone forward this to you? Welcome! Please subscribe and pass this along to three others, encouraging them to subscribe, too. (IT’S A FREEBIE!) Use the simple form above on the right.
  2. Engage in the Comments section below to help us all to be better informed.

Thanks!

The Fine Print:

  1. Writings quoted or linked from my posts reflect a point I want to make, at least in part. That does not mean that I endorse or agree with everything in such writings, so don’t bug me about it.
  2. Said John Maynard Keynes, “When the facts change, I change my mind. What do you do, sir?” So, educate me and all of us. That’s what the Comments section is for.
  3. Errors in fact, grammar, spelling and punctuation are all embarrassingly mine. Glad to have your corrections.
  4. Responsibility for the content of these posts is unequivocally, totally, unavoidably mine.

JA


Copyright 2021 by Jack Altschuler
Reproduction and sharing are encouraged, providing proper attribution is given.

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