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This is EXACTLY what the First Amendment protects us from

Pat Ryan Leave a comment

In the dark reality of the second Trump Administration and its near-daily attacks on the legal and Constitutional protections of the American way of life, I’ve resolved not to be that guy with the kneejerk rapid response to every “outrageous” action dreamed up by the Christian nationalist lawyers who plan and execute TFG’s official agenda.  Because if I did, there wouldn’t be enough time left in the day for sleeping late or watching TV, for playing golf or doing any of the things I like to do; sounding the warning about you know who is a thing I am increasingly uninspired about.  I figure, those who know the threat already know; those who know and don’t care aren’t listening anyway; the rest can’t read, I guess.

But our government blatantly violated the First Amendment to the Constitution yesterday, and I felt the need to say something even though others have and will say this, but I want to say it too.

Since the Bill of Rights was ratified December 15, 1791, my favorite Constitutional amendment has protected our basic freedoms: “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.”  When it comes to free speech, what it means is that we can say we want (within some limits) without censorship by the government.  It doesn’t mean that your boss or your church or your spouse can’t punish you for what you say, or that your friends can’t ostracize you from the group chat or not invite you to the neighborhood barbecue; it means you have “the right to articulate opinions and ideas without interference, retaliation or punishment from the government.”  As explained in an article by the Ronald Reagan Presidential Library, freedom of speech

…has long since been interpreted by the Supreme Court to mean that all American speech can not be infringed upon by any branch or section of the federal, state, or local governments. Private organizations however, such as businesses, colleges, and religious groups, are not bound by the same Constitutional obligation. The First Amendment experienced a surge in support and expansion in the 20th century, as Gitlow v. New York (1925) determined that the freedoms promised in it are applicable to local, state, and the federal governments. Further, subsequent Supreme Court decisions from the 20th century to the early-21st century have determined that the First Amendment protects more recent and advanced forms of art and communication, including radio, film, television, video games, and the Internet. Presently, the few forms of expression that have little to no First Amendment protection include commercial advertising, defamation, obscenity, and interpersonal threats to life and limb.

Yesterday we all learned that the ABC television network, a division of the Walt Disney Company, announced an indefinite suspension of “Jimmy Kimmel Live!”  That decision was announced after Nexstar Media Group announced it would preempt Kimmel on the 23 ABC-affiliated stations it owns due to comments Kimmel made “concerning the killing of Charlie Kirk”.  Nexstar owns and/or operates more than 200 local TV stations across the country, and it has every right to decide which programs it will air and which it will not.  As the possessor of a government license to operate a broadcast outlet, it actually has a responsibility to do that.  Whether or not you or I agree with Nexstar’s stated reason for deciding to pull Kimmel, that decision is entirely within the law and does not violate anyone’s First Amendment rights.  And if ABC pulled the show from the network as a means to try to placate a large business partner, that’s perfectly legal, too.  A little cowardly, maybe, but not illegal.

Now, just as background, be aware that both Nexstar and Disney are in line to get government approval for separate planned deals: Disney’s ESPN is trying to acquire the NFL Network, and Nexstar still needs final approval to buy Tegna, which owns 64 stations in 51 markets across the country.  Hmm, seems familiar: Paramount, which owns CBS, was awaiting government approval on a merger…then it settled a meritless $20 BILLION suit filed against it by Trump (for $16 million) and that led to the “big fat bribe” comment on “The Late Show with Stephen Colbert,” and then CBS cancelled Colbert (ten months in the future).  Paramount received the merger approval three weeks later.  But back to our current story.

You see, before Nexstar made its announcement yesterday and before ABC then followed up with its announcement, the chairman of the Federal Communications Commission appeared on a podcast and criticized Kimmel’s comments.  That’s cool.   Brendan Carr said the FCC “has a strong case for holding Kimmel, ABC and network parent Walt Disney Co. accountable for spreading misinformation.”  Uh, I guess that’s OK if he means the agency responsible for regulating the use of public airwaves won’t permit the misuse of that shared resource.  But then Carr said “We can do this the easy way or the hard way. These companies can find ways to take action on Kimmel or there is going to be additional work for the FCC ahead.”

That doesn’t sound very much like the government threatening a business over its exercise of free speech, does it?  Take care of it…or else. ( Hey, nice network ya got there; be a shame if anything happened to it.)

The point of free speech is that you can say what you want and not face “intimidation, retaliation or punishment” from the government.  Like, say, the FCC chairman (a Trump sycophant) threatening the licenses of ABC affiliates who air Kimmel because he (and Trump) don’t like what Kimmel says.

FCC Commissioner Anna Gomez criticized the administration for “using the weight of government power to suppress lawful expression” in a post on X.

“Another media outlet withered under government pressure, ensuring that the administration will continue to extort and exact retribution on broadcasters and publishers who criticize it,” said Ari Cohn, lead counsel for tech policy at the Foundation for Individual Rights and Expression. “We cannot be a country where late-night talk show hosts serve at the pleasure of the president.”

Like, the president who said “as he flew home on Air Force One on Thursday…networks that give him bad publicity should “maybe” have their licenses taken away. (The FCC regulates local TV station licenses, not networks.)”  Proving beyond all question that he really does not understand the role of the press in America.

Bill Carter, an editor-at-large at LateNighter who has spent 40-plus years covering late-night comedy and the television industry, said “nothing even remotely like it has ever happened before.” Calling the Trump administration’s recent actions an “affront to the Constitution,” Carter stressed the role previous late-night stars like Johnny Carson played in public discourse.

Carson “spoke comedy to power,” Carter said. “And that’s what late-night shows have done ever since.”

Other expressions of shock and anger rolled through the Hollywood Hills and Capitol Hill on Thursday, as concerns mounted about a new era of government censorship.

“This is beyond McCarthyism,” Christopher Anders, director of the Democracy and Technology Division for the American Civil Liberties Union, said in a statement. “Trump officials are repeatedly abusing their power to stop ideas they don’t like, deciding who can speak, write, and even joke. The Trump administration’s actions, paired with ABC’s capitulation, represent a grave threat to our First Amendment freedoms.”

“Jimmy Kimmel has been muzzled and taken off the air,” comedian Marc Maron said in an Instagram video posted early Thursday morning. “This is what authoritarianism looks like right now in this country … This is government censorship.”

“This isn’t right,” actor and director Ben Stiller wrote on X.

Damon Lindelof, the writer-producer of the hit TV show “Lost,” vowed to take action against ABC’s owner, Disney. “I can’t in good conscience work for the company that imposed [Kimmel’s suspension],” he said.

There are many more reactions in this story, including from that fun couple Barack Obama and Roseanne Barr.  Click the (gift) link above to read them all.

My point is, this action – a government official threatening government action against a company over speech he (claims he) finds offensive – is as stark an example as I can imagine of what the First Amendment does not allow.  And, it’s just the latest example of what seems to be a top goal of the thinnest-skinned man ever to be our president: to punish any and all who would dare criticize his any or every action. (Gift article, too)

Billionaires are accelerating their efforts to consolidate control over media platforms and the president is eager to help them do so, provided they shut down his critics. If they don’t, he threatens to use the levers of government — particularly those designed to remain independent — to financially punish them. None of this is secret; the brazenness is, at least partly, the point.

(snip)

The systematic effort to censor American media isn’t exactly subtle. The president has not disguised his intentions or his reasons. He has gone to some trouble to emphasize that he wants to control who’s on television and what they say. (And in newspapers too — in the past two months, he has filed lawsuits against the Wall Street Journal and the New York Times.) When Colbert’s “Late Night (sic) with Stephen Colbert” was canceled in July, Trump posted “It’s really good to see them go,” “and I hope I played a major part in it!”

For some valuable perspective on this big Constitutional issue, and the tiny-fisted tyrant at the center of the storm, I close with this:

David Letterman, the king of a previous generation of late-night TV hosts, spoke about Kimmel’s suspension at the Atlantic Festival in New York on Thursday. He said that as host of “Late Night With David Letterman,” he had mocked presidents across six administrations without fear of retribution.

We “attacked these men mercilessly,” Letterman told Atlantic editor Jeffrey Goldberg. “Beating up on these people, rightly or wrongly, accurately or perhaps inaccurately in the name of comedy, not once were we squeezed by anyone from any governmental agency, let alone the dreaded FCC.”

“The institution of the President of the United States ought to be bigger than a guy doing a talk show. You know, it just really ought to be bigger,” Letterman added. “By the way, I have heard from Jimmy. He was nice enough to text me this morning, and he’s sitting up in bed taking nourishment. He’s going to be fine.”

Same song, next verse

Pat Ryan Leave a comment

When I was a college student in the capital city of Texas, the mayor once held his regular weekly news conference and was asked to comment on the fact that the state legislature was about to begin another biennial session under the big pink dome.  His immediate reaction was to say “Lock up the kids and dogs.”

America, your legislature is back in business: the House of Representatives has selected Mike Johnson of Louisiana as its new speaker.  Who is that, you ask, and what does he believe in?  Among other things, he

So, we got that going for us…which is not nice.  Ruth Marcus writes in the Washington Post that any sense of relief you might be feeling that a well-known extremist like Jim Jordan was not elected by Republicans in Congress is misplaced.

For Jordan’s shirt sleeves demeanor and wrestler’s pugnacity, substitute a bespectacled, low-key presentation, a law degree and an unswerving commitment to conservative dogma and former president Donald Trump.

This is not an upgrade. It is Jordan in a more palatable package — evidently smoother, seemingly smarter and, therefore, potentially more effective.

Johnson, now serving his fourth term in Congress, was the moving force behind aSpeaker Johnson Supreme Court brief that helped lay the shoddy intellectual groundwork for Jan. 6, 2021. In December 2020, he rallied fellow Republican lawmakers to support Texas’s brazen bid to overturn the election results. In a lawsuit that fizzled almost as soon as it was filed, Texas Attorney General Ken Paxton sought to have the Supreme Court intervene in the election by blocking the certification of electoral college votes in four swing states — Pennsylvania, Georgia, Michigan and Wisconsin — where voting rules had been changed in the course of the election and voters, not coincidentally, had favored Joe Biden. The justices swiftly rejected the case, tartly noting that, “Texas has not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections.”

(snip)

The Johnson brief was a full-throated endorsement of the “independent state legislature” theory, ultimately rejected by the Supreme Court in 2023’s Moore v. Harper. The brief asserted that under the terms of the Constitution, only state legislatures — without any review by state courts or involvement of other state parties — have power to set rules for choosing presidential electors. “The clear authority of those state legislatures to determine the rules for appointing electors was usurped at various times by governors, secretaries of state, election officials, state courts, federal courts, and private parties,” the brief argued.

(snip)

The Texas episode was of a piece with Johnson’s conservative worldview. Before being elected to Congress, he was a senior lawyer and national spokesman for the Alliance Defending Freedom, a conservative group that opposes abortion, same-sex marriage and LGBTQ+ rights.

Running for Congress in 2016, he described himself as “a Christian, a husband, a father, a lifelong conservative, constitutional law attorney and a small business owner in that order, and I think that order is important.” Johnson said he had been “called to legal ministry and I’ve been out on the front lines of the ‘culture war’ defending religious freedom, the sanctity of human life, and biblical values, including the defense of traditional marriage, and other ideals like these when they’ve been under assault.”

We shall see how well Johnson does in leading the House, or at least its too-small-for-comfort Republican majority, in handling upcoming issues like a possible government shutdown in three weeks, or requests for more aid to Israel and Ukraine, or any of the other normal kinds of business which members of Congress are supposed to take care of on our behalf.  But given his still-declared support of Trump, it’s unlikely Johnson will be much of a leader when it comes to the reality of the need to work with Democrats to get things done: as David Frum wrote in The Atlantic earlier this month, “The rules of contemporary Republican politics make it had to accept reality.  Reality is just too awkward.”

In reality, Trump has been a big vote loser for Republicans. He fluked into the presidency with a Dukakis-like share of the vote in 2016, then lost his party its majority in the House in 2018. Trump got decisively booted from the presidency in 2020; rampaged illegally on January 6, 2021; and then cost his party its Senate majority in the January 2021 runoff elections. His election-denier message damaged his party further in the elections of 2022. His demand for a Biden investigation and impeachment in 2023 is producing an embarrassing fiasco. But no Republican leader dares say these things out loud.

Most taboo of all is working with Democrats, on any terms other than total, one-sided domination: We win, you lose. So [then-Speaker Kevin] McCarthy just had to press ahead, acting as if he commanded a majority when he did not; insulting and demeaning the minority, even though he had to know that he might need their help at any minute.

That minute came. McCarthy sought Democratic votes to save him from his own refractory members, and in return he offered nothing. Not even politeness.

That proposition did not produce the desired results, and so here we are.

Where we are is a country with a solid anti-Trump majority confronting a pro-Trump minority that believes it has a right to rule without concession or compromise.

The only way to produce a stable majority in the House is for the next Republican leader to reach a working agreement with the Democrats to bypass the nihilists in the GOP caucus. But that agreement will have to be unspoken and even denied—because making agreements that show any respect for the other side will be seen by Republican partisans as betrayal. The price of GOP leadership is delivering delusions and fantasies: the delusion and fantasy that Trump won in 2020, the delusion and fantasy that the Republicans did not lose in 2022.

“Delusion and fantasy” might well stand as a new motto for the remnants of a once proud GOP: in the Public Religion Research Institute’s annual American Values Survey, one-third of Republicans believe that “because things have gotten so far off track, true American patriots may have to resort to violence in order to save our country,” almost half think we need a strong leader who is willing to break some rules to get things done, and 29% are strong believers in the QAnon conspiracy movement. In the Washington Post, Jennifer Rubin writes:

Most frightening is how many Republicans buy into white Christian nationalism, a racist ideology that rejects the basic premise of our democracy: “All men are created equal.” One-third of Americans but 52 percent of Republicans agree that “God intended America to be a new promised land where European Christians could create a society that could be an example to the rest of the world.” The number is even higher among White evangelical Protestants (54 percent). Americans who subscribe to white Christian nationalism are more than twice as likely as other Americans to say true patriots might have to resort to violence to save the country.

In a related question, 75 percent of Republicans think the Founders wanted America to be a Christian nation with Western European values.

Rubin also identifies a “positive sign of public sanity” across the ideological spectrum.

Overwhelming majorities of Americans today support teaching the good and the bad of American history, trust public school teachers to select appropriate curriculum, and strongly oppose the banning of books that discuss slavery or the banning of Advanced Placement (AP) African American History.” Moreover, “A solid majority of Americans also oppose banning social and emotional learning programs in public schools.” Though some Republicans have made “anti-wokeism” a key requirement of their political identity, their message is deeply unpopular. “Fewer than one in ten Americans favor the banning of books that include depictions of slavery from being taught in public schools (7%), compared with 88% who oppose such bans.”

Sixty percent say abortion should be legal in most or all cases, compared with 37 percent who say it should be illegal in most or all cases. In a political reversal, “Democrats are now significantly more likely than Republicans to say their support for a candidate hinges on the candidate’s position on abortion,” 50 percent vs. 38 percent.

(snip)

Taking a step back, the overall picture here is a country that is inclusive, respectful of religious differences, pro-democracy and supportive of women’s rights — except when it comes to the largely Republican, mostly White evangelical Christians who reject these fundamental ideas.

When a sizable portion of one of the major political parties, aided by a right-wing propaganda machine and infused with religious fervor, rejects the basis for multiracial, multicultural democracy, we face a severe crisis. Even if Trump does not return to the White House, this radicalized segment will not disappear. How we reintegrate millions of Americans into reality-based, pro-democracy politics in a diverse country remains the great challenge of our time.