“Congress shall make no law ... abridging the freedom of speech, or of the press....”
The U.S. Supreme Court, over the last 200 years, has recognized only a handful of exceptions to the notion that “no law” means “no law.” Those exceptions include libel, slander, obscenity, “fighting words,” and words that create a “clear and present danger.”
Of course, “words” can be “elements” of a criminal offense, but only when they are accompanied by an action. Tom and Harry conspire (words) to rob a bank. They then drive to the bank.
But what about “misinformation?” “Disinformation?’ False information? Can “misinformation” spewed during a political campaign be punished? “Disinformation” or “false information during a pandemic be censored?
For over 200 years, our Supreme Court has held that the sole remedy is “counter-speech.” Civil penalties, criminal punishments and censorship have been forbidden remedies.
But why do I ask?
On May 2, 2022, during the Biden presidency, that CNN reported “Biden administration defends disinformation boardfrom fierce GOP criticism. …The Department of Homeland Security and the White House are defending a new initiative to help target disinformation … Last week, DHS announced an interagency team, dubbed the “Disinformation Governance Board,” to coordinate department activities related to disinformation aimed at the US population ….”
So, what exactly is “Disinformation Governance Board?” It would be a board authorized to censor whatever they deem to be “Misinformation, Disinformation or False Information” — speech or other information that they believe that you and I should not be permitted to hear. E.g. information pertaining to Hunter Biden’s laptop.
If you believe in censorship who would you nominate for the office of “Lord High Censor?”
The men who penned our Constitution and Bill of Rights believed the right of free speech was a “God-given right” of every free man.” It was not a right granted to men by governments.
Our founders knew that we could not trust ANY person or government official to impartially determine which speech should be allowed, or prohibited. Indeed, without assurance that a Bill of Right would be added to our Constitution that would guarantee free speech, the Constitution would not have been approved by the requisite nine states.
Hitler had his Ministry to Truth and Public Enlightenment. You can have the same. Simply vote for the party of the “Disinformation Governance Board.” Vote for the party, that with the support of 51 “former security officials” and FBI operatives, that prevailed upon Facebook and Twitter to bury the Hunter Biden lap-top story. Vote for the party that used the FBI and DOJ to suppress any Covid information, other than Dr. Faucci’s.
The founders believed that ideas should fail or prevail in the “marketplace of ideas.” They trusted no censors. Their remedy for misinformation, disinformation and false statement — the only one compatible with democracy — was, AND STILL IS, counter-speech.
Trust the government to censor even-handedly, and you piss away your God-given right of free speech.
First Published in the Moline Dispatch and Rock Island Argus on September 27, 2024.
Copyright 2024, John Donald O'Shea
Copyright 2024, John Donald O'Shea