Saturday, January 18, 2020

The Scioto County Declaration of a First Amendment Sanctuary



The Fake News hates me saying that they are the Enemy of the People only because they know it’s TRUE. I am providing a great service by explaining this to the American People. They purposely cause great division & distrust. They can also cause War! They are very dangerous & sick!”

-- President Donald Trump, August 5, 2018

In the wake of our county commissioners “waving a partisan political flag” and ridiculously designating Scioto County, Ohio as a “Second Amendment Sanctuary” in the name of opposition to any and all gun control measures to alleviate the epidemic of gun violence in America, I propose an alternative moniker that represents opposition to a true danger for all.

Why don't the commissioners designate Scioto County as a “First Amendment Sanctuary” since freedom and liberty are currently under attack by a narcissist, narrow-minded, incompetent president? If county governments must now make vaulted affirmations to uphold the Constitution, then declaring undying allegiance to freedom of the press is much more pertinent to current threats to the people of this nation.

Unlike the banner of a Gun Sanctuary, a First Amendment declaration would speak for all concerned citizens. Unlike a Gun Sanctuary, a First Amendment Sanctuary would defend freedom, liberty, and justice – much more important than the archaic idea of maintaining and a well-regulated militia. (Besides, isn't that we know as the National Guard?)

In this post-truth climate, powerful figures like President Trump and Russia’s Vladimir Putin are outwardly hostile to journalists and mainstream reporting processes. U.S. National Intelligence alleged that Russia created fake news to manipulate the 2016 Presidential election and Trump has further fueled public mistrust by calling journalists “the most dishonest human beings on earth.”




Thus, Trump defiles the First Amendment. He observes no appropriate concern for important freedoms while denouncing the press. As he sows the seeds of “fake news” for his own political interests, he corrodes trust from the public in media.

Fox News host Chris Wallace says …

"He (Trump) has done everything he can to undercut the media, to try and delegitimize us, and I think his purpose is clear – to raise doubts when we report critically about him and his administration that we can be trusted,"

In a stream of posts on Twitter, Trump continues to declare that the press is the “enemy of the people” asserting that a free press can even "cause war.”

Many, including most recently some 350 newspaper editorial boards, have bemoaned President Donald Trump’s attacks on freedoms of speech and press. What is at stake here? He has challenged a number of core principles associated with the First Amendment. These principles, and the values they support, are not partisan. They benefit us all, and so threats against them ought to concern us all.

Censorial power is in the people over the government,
not in the government over the people.”

James Madison

Of course, in Trump's defense, the press makes erroneous statements and sometimes abuses its own powers. This is part of the nature of a free press, and we always must carefully consider the balance between press freedoms and reputational harms. Also, it is incumbent on an intelligent citizen to gain skills to judge facts from half-truths and lies.

But, we must remember a case decided in 1931, Near v. Minnesota, 283 U.S. 697. It represents a landmark United States Supreme Court decision under which prior restraint on publication was found to violate freedom of the press as protected under the First Amendment.

In that decision, the Supreme Court reminded us that “to the press alone the world is indebted for all the triumphs which have been gained by reason and humanity over error and oppression.” This principle has been applied to free speech generally in subsequent jurisprudence.

Near v. Minnesota also credited the press with helping transform the United States from a “sickly Confederation” into a “free and independent nation.” Protection of a free press is vital to public understanding in these times of increased government malfeasance and corruption. We need a vigilant and courageous press more than ever before.

In his vindictive nature, Trump has sought to resurrect sedition. Trump has rewarded those who praise him and sought to punish his critics. Timothy Zick, John Marshall Professor of Government and Citizenship at William & Mary Law School, says …

Whether it takes the form of revoking the security clearances of former intelligence officials, or blocking critics from his Twitter timeline, this is a censorial abuse of executive power. It matters not whether the former official has a legal right to the clearance or the Twitter user has a right to comment. There is a corollary First Amendment principle at work, namely that when the government makes a benefit available it cannot deny or condition its continued enjoyment upon the suppression of official criticism. If the people are to govern, punishment for sedition cannot stand.”

To Trump, anyone writing about his innumerable miscues and bigoted words is an enemy of the State. Coming from an emotional president and commander-in-chief, Trump's words are the real and present danger. Robert H. Jackson (1892-1954), Associate Justice of the United States Supreme Court wrote in 1938: “If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein.”

From his presidential seat, Trump has repeatedly attacked the media and derided what he labels “fake news” coverage. “Fake news” to Trump is often accurate but unflattering. He has even railed against libel laws and has suggested the time is ripe to “open (the laws) up” so that when the press “writes purposely negative and horrible and false articles, we can sue them and win lots of money.”

Former CBS News colleague Lesley Stahl interviewed Trump for “60 Minutes.” Shortly after the interview, she says she told him that his constant bashing of the media was tiresome. “Why are you doing it?” she said. She asked him: “You're doing it over and over and it’s boring. It’s time to end that; you’ve won the nomination. And why do you keep hammering at this?”

According to Stahl, the man who would be president responded with this:

You know why I do it? I do it to discredit you all and demean you all so when you write negative stories about me no one will believe you.”

To Trump this “fake news” bleating is manipulative and defensive – certainly in line with his dishonest, narcissistic character. To Bernard Goldberg, an Emmy and an Alfred I. duPont-Columbia University Award-winning writer and journalist, Trump's claims are far more deeply troubling. As he enumerates how Trump's press views are disturbing, Goldberg says …

One is that he doesn’t understand that, in a free country, we need not only a free press but also a press that has the trust of the American people. Yes, journalists have done their share to discredit themselves. But we don’t need the president contributing to what is already an unhealthy situation.

Another takeaway is that he does understand but doesn’t care. All that counts, as far as Trump is concerned, is that Trump looks good …

And here’s the worst part: Even if there were incontrovertible proof substantiating what Stahl says, even if there were a videotape of Trump saying he attacks journalists so the public at large won’t believe them when they report something negative about him, the president’s most devoted fans almost certainly wouldn’t care. They love him and they hate the media. And if the president lies about journalists to cover his own lies — well, that, I’m confident, would be no big deal as far as those who adore him are concerned.”

(Bernard Goldberg. “The worst thing about Trump's 'fake news' warning.” https://thehill.com/opinion/white-house/469408-the-worst-thing-about-trumps-fake-news-warning
The Hill. November 11, 2019.)

Research published in the journal Personality and Individual Differences finds Republicans are more likely than Democrats or independents to consider overt lying on the part of a politician morally acceptable behavior. This difference is largely driven by Trump supporters' endorsement of authoritarianism.

Experimental analyses by Oliver Hahl , Minjae Kim, and Ezra W. Zuckerman Sivanb published in the American Sociological Review (2018) provide clear support for the proposed resolution of the puzzle of how a lying demagogue may be viewed as more authentic than a candidate who neither lies nor flagrantly violates publicly-endorsed norms.

The theory revolves around two ideas:
  1. A political candidate can achieve a perception of authenticity in two ways—via sincerity and via authentic championhood; and
  2. Members of aggrieved social categories in a crisis of legitimacy will be motivated to see the lying demagogue as an authentic champion.

(Hahl, O., Kim, M., & Zuckerman Sivan, E. W. “The Authentic Appeal
of the Lying Demagogue: Proclaiming the Deeper Truth
About Political Illigitimacy.” SocArXiv. July 25, 2017.)

For the reasons stated above, I am proposing our wise and responsible county commissioners – executives of our local government – repeal the Second Amendment Sanctuary designation and immediately establish a First Amendment Sanctuary in Scioto County. 

What is more pressing and more beneficial to the citizens – defending militia actions and the stockpiling of weapons without desired, protective restraints or defending a free press and its dissemination of the truth against the damage inflicted by a lying demagogue? To me and many others, the answer is clear.

Where the press is free and every man able to read, all is safe.”

Thomas Jefferson, The Papers of Thomas Jefferson



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