There is a fundamental belief among Americans that we have the right to do and say whatever we want because we are protected by the First Amendment. Although freedom of speech exists in America, all speech is not free. There is a cost.
On Monday, the U.S. Senate began debating whether to hold Donald Trump accountable for inciting the Capitol insurrection that resulted in the deaths of five individuals including a Capitol police officer. At issue is a single article of impeachment that accuses the former president of reiterating false claims that he had won this election and that he willfully made statements that, in context, encouraged and foreseeably resulted in lawless action at the Capitol.
In response, Trumps legal team has asserted that the statements he made at the rally were protected by his First Amendment right to free speech. Thus, Trump should not be held accountable for any subsequent actions of the protesters.
In the landmark case of Brandenburg v. Ohio (1969), the Supreme Court, while acknowledging the sacredness of free speech, established that the government can punish what has been defined to be inflammatory speech if that speech is "directed to inciting or producing imminent lawless action producing and is likely to incite or produce such action."
However, the impeachment and trial process as set forth in the Constitution may be viewed as a political process rather than a judicial process. There is a difference. In the judicial process, attorneys dispute the existence of necessary facts to establish that the defendant did, in fact, commit the crime. In this political impeachment process, the law will be argued as opposed to the facts. Because this process is taking place in a partisan Senate, it is not likely that Trump will be found guilty, especially given the retributive nature of party politics.
As Americans, we have become comfortable with the concept of freedom, the ability to determine our own destiny. We have freedom of speech, religion, press and freedom. We are free to peacefully assemble, and we have free elections. It was the idea that all men were created equal that inspired one of the greatest civil rights movements in history where oppressed African Americans demonstrated their humanity in refusing to meet violence with violence.
The Capitol insurrection is much bigger than just a few people getting drunk on Trumpism. We the People must defend our nation against the domestic terroristic ideas that threaten our democracy from within such as partisan politics, classism, elitism and racism. As true citizens of America, we must do our part in protecting democracy. If nothing more comes of this impeachment trial, America should be reminded that ideas, not weapons, are the most powerful tools of revolution.
BLAIR D. CONDOLL, J.D.
political science professor, Dillard University
New Orleans
Read the original:
Letters: The limits of free speech and the dangers of violence and insurrection - The Advocate
- University round table examines challenges to free speech - February 12th, 2015 [February 12th, 2015]
- University of Worcester fares well in free speech study - February 12th, 2015 [February 12th, 2015]
- A line beyond which one may not go - February 12th, 2015 [February 12th, 2015]
- Councillor accused of stifling free speech after making complaint against counterparts social media use - February 12th, 2015 [February 12th, 2015]
- The French Debate: Free Speech Versus Hate Speech - February 12th, 2015 [February 12th, 2015]
- Church of England removing vicars right to free speech? - Video - February 12th, 2015 [February 12th, 2015]
- FREE SPEECH ZONE s08e06 (2-7-15) - Video - February 12th, 2015 [February 12th, 2015]
- Charlie Hebdo/The Interview: Free Speech: Free to Murder? - Video - February 12th, 2015 [February 12th, 2015]
- Free Speech & Liberty Pizza House opening comment 2015 - Video - February 12th, 2015 [February 12th, 2015]
- 2015=02-01 Limits of Free Speech - Video - February 12th, 2015 [February 12th, 2015]
- Health Free Speech Petition and Litigation - Video - February 12th, 2015 [February 12th, 2015]
- Putin Popularity Rating: Russian President's 80% approval rating may stem from free speech violation - Video - February 12th, 2015 [February 12th, 2015]
- Steven Pinker's "Why free speech is fundamental" - Video - February 12th, 2015 [February 12th, 2015]
- "Islam & Free Speech" - Video - February 12th, 2015 [February 12th, 2015]
- Free Speech and the Battle for Western Culture - Video - February 12th, 2015 [February 12th, 2015]
- (UPDATED) CAIR Officials Nationwide Condemn Charlie Hebdo Attack, Defend Free Speech - Video - February 12th, 2015 [February 12th, 2015]
- The Koch Brothers and $889 million free speech dollars - Video - February 12th, 2015 [February 12th, 2015]
- Mark Zuckerberg Reverses Decision On Free Speech - Video - February 12th, 2015 [February 12th, 2015]
- Rick Perry: Court ruling imposes chilling effect on free speech - Video - February 12th, 2015 [February 12th, 2015]
- TAVIS SMILEY | FREE SPEECH IN AMERICA | January 26-27, 2015 - Video - February 12th, 2015 [February 12th, 2015]
- Lord Jamar: USA's Only About Free Speech When It's Convenient - Video - February 12th, 2015 [February 12th, 2015]
- Free Speech vs Politically Correct (Liberal Hypocrisy) - Video - February 12th, 2015 [February 12th, 2015]
- Sharif Nashashibi, Suzanne Nossel, Munir Pervaiz Saami discusses free speech - Video - February 12th, 2015 [February 12th, 2015]
- FREE SPEECH ZONE s08e04 (1-24-15) - Video - February 12th, 2015 [February 12th, 2015]
- Do I Think #6: Voting, Free Speech & #GamerGate - Video - February 12th, 2015 [February 12th, 2015]
- Chris Hedges: Roots of Terrorism, Free Speech Hypocrisy & Translating #JeSuisCharlie - Video - February 12th, 2015 [February 12th, 2015]
- Q&A Banning Haters: What About Free Speech? - Video - February 12th, 2015 [February 12th, 2015]
- Putin's grip on free speech - Video - February 12th, 2015 [February 12th, 2015]
- Why Saudi Arabia Is Flogging A Free Speech Activist - Video - February 12th, 2015 [February 12th, 2015]
- Islamists Deny Media Access at At Muslim Free Speech Conference - Video - February 12th, 2015 [February 12th, 2015]
- Metallica- Free Speech For The Dumb - Video - February 12th, 2015 [February 12th, 2015]
- 1st Peoples, Palestine, and the Crushing of Free Speech - Steven Salaita - Video - February 12th, 2015 [February 12th, 2015]
- Free Speech Hypocrisy In France - Video - February 12th, 2015 [February 12th, 2015]
- Pope clarifies position on free speech - Video - February 12th, 2015 [February 12th, 2015]
- Muslim response to Charlie Hebdo Attack - Free speech or insult? - Video - February 12th, 2015 [February 12th, 2015]
- Charlie Hebdo, double standards and free speech - Video - February 12th, 2015 [February 12th, 2015]
- Gays, Islam, Free Speech - Tony Perkins, Bill Maher & MORE! LiberalViewer Sunday Clip Round-Up 91 - Video - February 12th, 2015 [February 12th, 2015]
- Free Speech: Mercury is Speech, Venus is Values - Video - February 12th, 2015 [February 12th, 2015]
- The Pope Supports "Free Speech" (sort of) - Video - February 12th, 2015 [February 12th, 2015]
- Ring of Fire on Free Speech TV - 01/18/2015 (FULL EPISODE) - Video - February 12th, 2015 [February 12th, 2015]
- Mad about free speech and North Korea? Hack back, says group - February 14th, 2015 [February 14th, 2015]
- Ring of Fire on Free Speech TV - 02/08/2015 (FULL EPISODE) - Video - February 14th, 2015 [February 14th, 2015]
- Ring of Fire on Free Speech TV - 02/01/2015 (FULL EPISODE) - Video - February 14th, 2015 [February 14th, 2015]
- MP George Galloway on Free Speech Charlatans & Austin Powers Foreign Policy in Syria - Video - February 14th, 2015 [February 14th, 2015]
- Limited Free Speech Isn't Free Speech - Video - February 14th, 2015 [February 14th, 2015]
- Volokh Conspiracy: Murder at Copenhagen debate on free speech attended by Swedish Muhammad cartoonist - February 15th, 2015 [February 15th, 2015]
- One dead after shooting at free speech event in Denmark featuring controversial artist - February 15th, 2015 [February 15th, 2015]
- Gunman kills 1 in attack on free speech event in Denmark - February 15th, 2015 [February 15th, 2015]
- Deadly shooting at Copenhagen free speech event - February 15th, 2015 [February 15th, 2015]
- Are Students Free to Speak Their Mind? Well at Southampton, yes. - February 15th, 2015 [February 15th, 2015]
- Shooting targets free speech event in Denmark, killing one - February 15th, 2015 [February 15th, 2015]
- Police: 1 dead in shooting at Copenhagen free speech event - February 15th, 2015 [February 15th, 2015]
- The Heat debates free speech and assembly in France - Video - February 15th, 2015 [February 15th, 2015]
- Detroit's Campus Martius: Banning Free Speech in Public Space - Video - February 15th, 2015 [February 15th, 2015]
- Dr William Lane Craig: The Moral Argument (Proof of God) - Video - February 15th, 2015 [February 15th, 2015]
- Did Pope Francis Preach Violence? - Video - February 15th, 2015 [February 15th, 2015]
- Danish police kill gunman believed behind 2 shootings - February 15th, 2015 [February 15th, 2015]
- Danish shooter had gangland past - February 15th, 2015 [February 15th, 2015]
- Free speech in Britain: Police tracking people who bought ... - February 15th, 2015 [February 15th, 2015]
- Copenhagen shooting: Free speech seminar attacked - Video - February 15th, 2015 [February 15th, 2015]
- Professor Advocates Violence Against White Racist - Video - February 15th, 2015 [February 15th, 2015]
- Muslim Coward Attempts to Murder Swedish Artist - Video - February 15th, 2015 [February 15th, 2015]
- Srsly Wrong - 41 - Free Speech Zone, Act 1 - Video - February 15th, 2015 [February 15th, 2015]
- Free Speech and Charming Ignorance - Video - February 15th, 2015 [February 15th, 2015]
- Police say Copenhagen gunman had criminal record, gang past - February 16th, 2015 [February 16th, 2015]
- Police say Copenhagen gunman had criminal record and gang past - February 16th, 2015 [February 16th, 2015]
- U.S. Funds The Terrorist To Take Our Freedoms - Video - February 16th, 2015 [February 16th, 2015]
- First Copenhagen shooting victim identified as film maker - Video - February 16th, 2015 [February 16th, 2015]
- Danes react to two fatal shootings - Video - February 16th, 2015 [February 16th, 2015]
- Danish police doing forensic investigation after islamic terrorist was shot dead, 15/2-2015 - Video - February 16th, 2015 [February 16th, 2015]
- Denmark: See BULLET-RIDDLED scene of first Copenhagen shooting - Video - February 16th, 2015 [February 16th, 2015]
- Animatrix - Humans vs Machines HD - Video - February 16th, 2015 [February 16th, 2015]
- RickWells.us - General Jerry Boykin on UN Attempt To Prohibit Free Speech Regarding Islam - Video - February 16th, 2015 [February 16th, 2015]
- Copenhagen Krudttnden Cafe Street View - Video - February 16th, 2015 [February 16th, 2015]
- Muhammad Cartoonist Targeted! TSA Active Shooter VIDEO, The "Digital Dark Age" and more #TMS - Video - February 16th, 2015 [February 16th, 2015]
- Copenhagen free speech debate shooting: One dead - Video - February 16th, 2015 [February 16th, 2015]
- Germany: Copenhagen attacks, Ukraine ceasefire on Merkel's agenda - Video - February 17th, 2015 [February 17th, 2015]
- Copenhagen Denmark Shooting - Lars Vilks - Calling Cards Of Hoax Fake Crap - Video - February 17th, 2015 [February 17th, 2015]
- Danish prime minister visits - Video - February 17th, 2015 [February 17th, 2015]
- Second Person Dead In Separate Suspected Terror Shootings In Copenhagen - Video - February 17th, 2015 [February 17th, 2015]