“Whoever would overthrow the liberty of a nation must begin by subduing the freeness of speech.”
~~~ Benjamin Franklin
This wise observation brought to you as part of Linda’s One-Liner Wednesday series. Join us! Find out more here: https://lindaghill.com/2025/10/22/one-liner-wednesday-he-laughed/
Vote for Democracy #46
(Photo by Lucas Sankey on Unsplash)
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.
That is the text of the First Amendment of the United States Constitution.
The Attorney General, the Vice President, the President, the Chair of the Federal Communications Commission (FCC), and everyone else in the government would do well to re-read it and observe it.
The court system has ruled over and over that “hate speech” and flag burning are protected by the First Amendment and that press report are not subject to government censorship.
Yes, here we are with the Attorney General saying the administration would target hate speech. The Justice Department tried to re-characerize the remark as meaning they would target speech that incited violence, which can be illegal, but that was not what she had said or appeared to mean.
In the wake of Charlie Kirk’s murder, the administration wants to investigate anyone critical of Kirk or his views, even though they have no legal grounds to do so because people’s right to free speech is guaranteed against government interference by the First Amendment. For those of you not familiar with the structure of the US government, Congress makes the law, the executive branch executes the law, and the judicial branch judges if the laws are in accordance with the Constitution and other statutes.
Note that the freedom of speech right is in regard to government interference. Private entities aren’t bound to allow free speech. For example, if someone makes an uncivil or inflammatory comment on my blog which I then delete, I am not violating the First Amendment because I am not the government and have the right to control what happens on my platform. (For the record, while I encourage respectful debate here at Top of JC’s Mind, I have on a rare occasion removed comments for using foul language or for spreading disinformation.) There was an instance of a copy shop employee refusing to print a flyer regarding Kirk. While the business owner could choose to sanction or fire the employee, the government has no right to investigate on free speech grounds.
The administration upped the ante a few days ago when the FCC Chair publicly pressured ABC affiliates to stop airing comedian Jimmy Kimmel’s late-night show because of a comment he had made regarding the right’s actions after Kirk’s murder, implying that not doing so would harm them in getting approvals and licenses from the FCC. This caused a couple of large media ownership groups to say they would suspend airing the show and ABC/Disney then suspending production. It’s unclear if the show will return or not. This situation does appear to violate the First Amendment because a government entity intervened to inhibit Kimmel’s free speech rights.
To make matters worse, President Trump is again threatening freedom of the press, as well as free speech, by saying that entire broadcast networks should be disbanded because they run stories that are critical of him. There is a real fear that media companies will continue to cave to pressure from Trump and his administration and stop broadcasting facts and opinions that run counter to Trump’s viewpoint.
While most Republicans have been either backing Trump or staying silent, a few were shaken enough about the concept of hate speech – or opposition speech – not being protected by free speech provisions that they are speaking out. I’m not sure if they are standing on principle or if they fear what might happen to them when Republicans are no longer in power, but it’s good to see some of them willing to oppose the Trump administration when it is acting against our Constitution.
I also appreciate that having some Republicans speaking out will reach people who only consume ultra-concservative media. Everyone needs to realize that there are threats to free speech and free press so that we can make moves to protect our First Amendment rights. Some people are boycotting companies like Disney that are curtailing free speech by bowing to pressure from the administration. Many are supporting independent journalism sources, such as PBS/NPR.
It’s important for all of us to speak up for our rights. I plan to continue doing that here and wherever I find myself. I also plan to be on the lookout for further attempts to erode our rights and silence dissenting voices. We have to be careful that the United States doesn’t have its media coopted in the way it was in Hungary.
We also need to be sure that we don’t fall into the administration’s trap of calling any opposing viewpoints “hate speech.” If I say that I think it’s wrong to deport people who are in the process of getting green cards or who have refugee or other protected status, that is protected free speech. It is not hate speech.
I do try to heed the call in my faith to love everyone.
I refuse to engage in hateful speech or behavior.
I wish everyone felt that way.
“I prefer someone who burns the flag and then wraps themselves up in the Constitution over someone who burns the Constitution and then wraps themselves up in the flag.”
~~~ Molly Ivins
Join us for Linda’s One-Liner Wednesdays! Find out more here: https://lindaghill.com/2025/09/03/one-liner-wednesday-me-from-now-on/
Representative Tenney has refused repeated invitations to meet with constituents and to attend town hall meetings on this topic, so there was a planned event near her office this morning to try again to get our message to her.
I arrived early and met up with several people in the hall outside her office. The office door was locked, but there was a doorbell and people, presumably staff, were arriving and being let in.
To our surprise, Rep. Tenney herself appeared, hurried past us, and tried to open the locked door, before a staffer arrived to let her in. She did not acknowledge that there were constituents of hers standing there with our signs about saving our health care.
Word got to us that a larger group had gathered down in the first floor atrium, so we went to join them, just as they were being re-located to the outdoors, with temperatures in the teens Fahrenheit.
But, we, the people, are intrepid and would not be silenced! We had our signs, some media coverage, leadership from Citizen Action, and a portable sound system. People were sharing stories about how the Affordable Care Act had helped them and what it would mean to their health and their lives to lose the health insurance and medical care access they had gained through the ACA, detailing specific problems with the current House Republican bills dealing with health care, and writing messages to deliver to Tenney’s office (despite it being so cold that our pens weren’t working). We were supposed to be able to deliver messages to the office in groups no larger than three people.
When I went back into the building to warm up, one of the longtime leaders in the Catholic social justice community was on her way to the office, so I joined her. While we were still in the hallway, a woman who was with the management of the building met us, saying that Representative Tenney was no longer accepting visitors to her office, that she did not want us there, and that she was calling the police so that we could not gather outside the building, either. (She also told us that Representative Tenney was in Washington, which was odd as it certainly looked like her entering the office an hour earlier and we had thought that the official ribbon-cutting ceremony for the office was scheduled for today.)
We went back outside and stood our ground. We thought that the entrance plaza where we were gathered was public property and we were not blocking the entrance to the building, so we were within our rights of assembly, freedom of speech, and petition. Two police officers arrived, spoke to a couple of people from our group, and confirmed that we were fine to continue as we were.
Rep. Tenney is apparently not very familiar with the law.
By trying to silence us, she actually gave us an even stronger voice for our message as the rally went on longer than anticipated and will draw more media attention.
She also did not endear herself to the other tenants in the building because she had the management lock the main doors into the building, presumably to keep her constituents at bay. I’m sure the other offices, including the Chamber of Commerce, were not amused about the inconvenience to their clients.
So, Representative Tenney, I ask you once again to vote against any repeal of the Affordable Care Act and to take action to enhance the ACA by permanently securing Medicaid expansion in all states, by making a public option available to everyone, and by negotiating drug prices for Medicare and other public programs so that medications become more affordable.
My thanks to my fellow protesters, the great people of Citizen Action, the Binghamton police officers, and the kind people of Bistro 163, the new coffee shop and boutique that is tucked next to Metrocenter who gave us free coffee and a place to warm up.
And Representative Tenney, you will be hearing more from us, your constituents, on health care and many other vital issues.
Joanne Corey 