Free speech: One poke over the line?

by Karoli on September 29, 2009

I have a serious question. Where is the line drawn between protected speech and incendiary, threatening, outrageous unprotected speech in this country? This is an issue I have always struggled with, partly because I was raised to speak with consideration for others and to be responsible for what I’ve said. I don’t always succeed, but I am having a serious struggle for what I’m seeing pass as free speech today.

Here are three examples, all from articles I’ve stumbled across in the past three days.

A call for a ‘bloody battle’ with ‘Obama the Nazi’

At the town halls, we saw lots of signs and hysteria trying to turn our president into Hitler incarnate. At the Glenn Beck ‘March on Washington’ earlier this month, there was even more hysteria from people ‘wanting their country back’ which then played into this weekend’s “How to Take Back America Conference” workshop on “how to recognize living under Nazis & Communists.” Think Progress reports that the workshop poked over a line of recognition into a suggestion for action from Kitty Werthmann. Werthmann is a director of the South Dakota Eagle Forum. The SD Eagle Forum is a branch of Phyllis Schafly’s larger organization. According to their most recent 990 filing (PDF opens in new window), the stated purpose of the Eagle Forum is as follows:

PROMOTE SOCIAL WELFARE, CONDUCT EDUCATIONAL CONFERENCES AND SEMINARS, AND DEFEND WOMEN’S RIGHTS.

What a nice statement. Too bad their stated purpose on their web site doesn’t square with their stated non-profit purpose. But I digress. The real question for me is whether someone paid on the public dime (via the non-profit status of this organization) has a First Amendment right to say this:

If we had our guns, we would have fought a bloody battle. So, keep your guns, and buy more guns, and buy ammunition. [...] Take back America. Don’t let them take the country into Socialism. And I refer again, Hitler’s party was National Socialism. [...] And that’s what we are having here right now, which is bordering on Marxism.

That sounds to me like sedition. Maybe even treason. Is that protected by the First Amendment?

I am asking a serious question. To me, standing up in public and calling for people to stockpile guns and ammunition against our current government is far beyond protected speech.

Newsmax columnist John Perry suggests a military coup “to resolve the ‘Obama problem’ might be a possibility…

Keep in mind, this comes from a journalist. His column is not presented as an opinion column, though I believe it is.

Imagine a bloodless coup to restore and defend the Constitution through an interim administration that would do the serious business of governing and defending the nation. Skilled, military-trained, nation-builders would replace accountability-challenged, radical-left commissars. Having bonded with his twin teleprompters, the president would be detailed for ceremonial speech-making.

Military intervention is what Obama’s exponentially accelerating agenda for “fundamental change” toward a Marxist state is inviting upon America. A coup is not an ideal option, but Obama’s radical ideal is not acceptable or reversible.

Unthinkable? Then think up an alternative, non-violent solution to the Obama problem. Just don’t shrug and say, “We can always worry about that later.”

I suppose there is something to be said for the fact that he called for it to be bloodless. But again, this strikes me as extraordinary hyperbole to solve the problem Perry sees: A President elected by an overwhelming majority who doesn’t agree with him?

Is Perry’s suggestion protected speech, too? And if it is, is it responsible?

I suppose I should mention that Richard Mellon Scaife has a minority stake in NewsMax Media, Inc. the parent company of NewsMax, and Christopher Ruddy (editor) has received funding for an anti-Clinton smear book from Joseph Farah of World Net Daily. Or perhaps that doesn’t matter, because surely these folks are fine, upstanding patriotic Americans.

A Facebook poll posing this question: Should President Obama be killed?

This came to my attention via my friends over at The Political Carnival, and has gotten a lot of traction in the past couple of days on the major media outlets.

I hate that anyone thought it was a good idea to ask this question as a poll question. I completely agree with GottaLaff’s decision to notify the Secret Service. I trust that they will deal with this person as they see fit. I think all of us have a duty to report threats, no matter how crazy and no matter who they are against, because it is simply not okay to “kill” those with whom one disagrees. Period. It’s not okay.

However, I do agree with Mark “Rizzn” Hopkins and Popehat about this one: It’s ugly, reportable, and shouldn’t have been done, but it still looks like protected speech. The creator of the poll did not call for the President to be killed, but posed a question about whether he should be. Whether or not that’s unthinkable, I don’t believe that it’s cause for huge fines of Facebook, blame to be placed on the creator of the poll, or legislative action. I do believe that we have the duty as citizens to bring issues like this to the attention of the authorities and then step back and let them handle it.

Of the three examples I’ve given here, the Facebook poll is the mildest one, yet it has gotten the most attention. Do we seriously live in a country that protects the right of people to prepare for ‘bloody insurrections’? More fundamentally, what the hell have these folks lost? Do they not have their homes, their jobs, their health insurance? If so, they’ve got 2 more than I do.

The mere fact that they are permitted to say the incredibly irresponsible, incendiary, and violent things they say puts the lie to the claim that anything has been taken away.

I don’t know if all of these cross a line legally or not. To me, they cross a line morally. They tell me my vote doesn’t count. They tell me I am not as worthy a citizen as they. They threaten the votes of the majority in this country, and over what? They haven’t lost a damned thing.

Finally, one last thought for the so-called Christians who promote this trash. The Bible I read calls for me to pray for the leaders of the church and the country. Whether I liked it or not, I offered a prayer for the safety of President Bush every single day because I believe (and still do) that as the elected leader of our country, I was called to do so.

Where are your prayers for our President, Christians? Are you just selective about when you follow what the Bible says? If so, I strongly suggest you revisit your theology, because where I come from, a selective application of biblical principles has a name: hypocrisy.

I’ll be interested to hear thoughts on what others think about whether this is freedom of speech or abuse of free speech. Leave a comment.

Update: NY Times has a must-read editorial comparing the efforts of the right here to the efforts of the right in Israel, shortly before Rabin’s assassination. Also, concern expressed by a senior citizen who has seen where speech like this can lead.

Update #2: Newsmax has scrubbed the Perry column from their site. The cached version can still be found in its entirety here. H/T Crooks & Liars

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  • "All it takes for evil to succeed is for good people to do nothing". By publicizing this distastefulness you allow others to join you in making a great noise and then Newsmax reacts and the column is gone.

    Thank you (and Blogher for linking me to you)
  • Hi Ashleigh,

    It's my hope that shining light on this stuff will sterilize it. But it will take all of us to lead that charge, because there's a ton of it out there. :(
  • It appears Newsmax has pulled the Perry article as the link is redirecting to the main page.
  • Marie, I linked the cached version in the last update. They did indeed
    pull it. The McCain moment you're thinking of was the town hall he
    held before the election where the woman said she was 'afraid of Obama
    because he was a Muslim'. McCain told her he wasn't, but it was not
    nearly forceful enough.
  • Karoli, I basically agree with the others that the cases your bring up are protected speech. However, I am very glad you blogged about this in your usual articulate way. I hope you continue to blog about this.

    What I would like to hear, and what a lot of people need to hear, is the cadre of conservative candidates running in the not-too-distant-future primaries, take the podium and forcefully and emphatically denounce that kind of speech and set straight the people who make it and their followers. Instead of SILENTLY counting those followers among their own.

    On a side note: John McCain did a little of that in one of his pre-election town halls, but the signal was obviously much too weak to get through. (I can't recall the exact wording he was trying to refute, but whatever it was, was equally detestable.)
  • audaxviatrix
    I'd be surprised if sedition is protected speech - it's explicitly criminal, yes?
  • Just as one is not allowed to shout "Fire!" in a crowded theater, those with a public platform should not be excused for putting out incendiary commentary in the atmosphere of our nation which is already at a point where it is ready to flare up at the least bit of provocation. When these remarks are taken to heart by the less stable among their listeners and acted upon, these commentators should be held accountable just as that person who starts a stampede in a crowded theater. This division between freedom of speech and abuse of speech is something like auditory pornography. I may not can define it exactly, but I know it when I hear it.
  • I like the term "auditory pornography". It feels violent and abusive to me, which sort of fits that definition. What I know, though, is that even if it feels like it should be prohibited, it more often is protected.
  • Just as one is not allowed to shout "Fire!" in a crowded theater, those with a public platform should not be excused for putting out incendiary commentary in the atmosphere of our nation which is already at a point where it is ready to flare up at the least bit of provocation. When these remarks are taken to heart by the less stable among their listeners and acted upon, these commentators should be held accountable just as that person who starts a stampede in a crowded theater. This division between freedom of speech and abuse of speech is something like auditory pornography. I may not can define it exactly, but I know it when I hear it.
  • Excellent article! It's been an ongoing issue over the last 8 years and looks like it will continue for the next 4. It's a very grey area, and it is probably actually a good thing that it is left as a grey area and dealt with on a case by case basis.

    For example, there was a film made about George W. Bush's assassination, and while I loathed the fact that anyone would make it, I am glad that no legal action was brought against him. As objectionable as it was, it was protected. Similarly, I ran into some LaRoushies the other day at the post office and while I thought it was despicable that they were following a racist, ex felon Marxist who has lead the "Obama as Hitler" charge, I wouldn't want that liberty to be taken from them.

    But where do words cross the legal line? Is it when someone declares they will commit a crime? Obviously it crosses the line. What if they try to incite others to commit violence? It PROBABLY crosses the line. What if they talk about a crime being justified, and hoping someone would commit it? Eek... now it's getting murky.

    I hate so much of the current political discourse in America, but I am very defensive when anyone suggest silencing them through governmental action. Obviously, this is not what you are suggesting, so it is not targeted at you.

    One of the grandest liberties in America is the freedom to be an asshat. On the up side, I have the greatest amount of freedoms on earth! On the down side, I have to deal with way too many asshats.
  • Thanks, Kyle. I'm unfamiliar with the movie you mention, but I assure you I would be as hard on it as I am on what I'm hearing now. Calling for assassinations and revolutions, coups and overthrows, is just wrong, no matter who is President. It's not just wrong, it disrespects our Constitution and the structure of our country as it has been for well over 200 years.

    They may be asshats. They may be protected asshats. They are also a genuine blemish on a country that has so much potential for greatness.
  • Here's an interesting collection of posts regarding posters about Bush. The difference is, these were never reported on. As hard as the conservative protesters are being on Obama, nothing can compare to the hateful treatment aimed at Bush.

    http://bit.ly/2Hl7G1
  • Thanks for the link, I did go through those and do have a vague
    recollection of the movie now, though I recall it as a "what if" sort
    of thing...along the same lines, sadly as the Facebook threat I
    discuss in this post. I did do a search from 2000-2009 on death
    threats via Google news on President Bush -- here's the link. Quite a
    few results. http://bit.ly/2WF0Un

    Without turning this into a pissing contest, no one is disputing that
    the number of death threats has risen by a factor of 400 percent.
    That's a shocking number.

    In some respects I almost feel like it would be better if this stuff
    went unreported. And then I don't. I'm torn. And honestly, I just wish
    everyone would take a deep breath and figure out what the hell they're
    doing.
  • I think that is a lot of the problem right there. Since the founding of the country, there have crazy nutjobs. They have typically been marginalized, though. Now, with the battle for ratings and a largely agenda driven blogoshere (on both sides) hooting and hollering about each nutjob they find a picture of, things have changed.

    Fox News and Rush Limbaugh talked about threats against Bush, CNN and MSNBC talked about threats against Obama. Both over-sensationalized and misrepresented these stories as "movements" in an attempt to assign guilt by association.

    Before the digital camera and the internet would anyone have heard about any of these crazies? This is just a side effect of everyone being given a voice and able to make alot of noise on the internet. Alot of good comes with this, but the privilege can be abused.


    ----------
    This is really an irrelevant side point, but that 400% number is completely without context (did it go from 1 to 4?), and being pushed by an anonymous source to the Southern Poverty Law Center who has been proven to just make things up when it fits their storyline.
  • Somehow my reply to you got lost in transit on this one. The 400% is not from an anonymous source. Here's the link to it: http://bit.ly/WnvSC

    It was written by Ronald Kessler. Not nameless, faceless, or otherwise anonymous.
  • heartlandheretic
    "Where are your prayers for our President, Christians? Are you just selective about when you follow what the Bible says?"
    They are just selective about when to follow the Bible. And they aren't even creative about following it edicts.
    My mother was encouraged to pray for someone by her Pastor and she replied, "I do every day. I pray that he will meet his maker before I do!" Her Pastor said, "That's not exactly what I had in mind".
  • LOL. That's a great story. :)
  • mkhall
    You raise questions I've been turning over in my mind myself. In my mind, if it isn't a direct call for overthrow of the elected government outside of the Constitutional and legislative process, it's protected. (I'm assuming we are keeping to overtly political speech here, and not other forms of speech.) However, speech that directly threatens the health or life or another person and specifies means and time is no longer protected in most cases. Many sites have "threatening content" clauses in their TOS to protect themselves from legal action due to the speech of their users; I just recently had to invoke it on Twitter, myself.

    So the "keep your guns" nonsense is protected. The crazy Newsmax (is that redundant?) essays is protected. And the odious Facebook poll question is protected.

    That doesn't prevent all those people from being dimwitted asses, mind you. That's the nice thing about the First Amendment: It protects everyone's speech equally, the wise and the foolish alike.
  • I'm afraid you're right. Sadly right.
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