“But it cannot be the duty, because it is not the right, of the state to protect the public against false doctrine. The very purpose of the First Amendment is to foreclose public authority from assuming a guardianship of the public mind through regulating the press, speech, and religion. In this field, every person must be his own watchman for truth, because the forefathers did not trust any government to separate the true from the false for us.” U.S. Supreme Court in Thomas v. Collins, 323 U.S. 516, 545 (1945)
One troubling aspect of Donald Trump both as a candidate and as president has been his unrestrained and constant use of lies, deceit and opacity to get what he wants. Trump has been assessed by experts as the worst president in US history and also the most polarizing:
“In the current polarized political climate, we thought it would be interesting to ask which presidents were considered by presidency experts to be the most polarizing. To do so, we asked respondents to identify up to five individual presidents they believed were the most polarizing, and then rank order them with the first president being the most polarizing, the second as next most polarizing, and so on. We then calculated how many times a president was identified as well as their average ranking.
Donald Trump is by far the most polarizing of the ranked presidents earning a 1.6 average (1 is a “most polarizing” ranking). Lincoln is the second most polarizing president of those presidents ranked. He earned a 2.5 ranking. This is close to Polk as the second most polarizing president at 2.6. Trump was ranked “most polarizing” by 95 respondents and second most polarizing by 20 respondents. For comparison, Lincoln, the second most polarizing president on average, received 20 “most polarizing” rankings and 15 second “most polarizing” rankings.”
Trump is tearing American society apart and undermining American democracy and the rule of law. His lies and deceit are key tools he uses to do that.
Is protected free speech impeachable?: Along with alleged obstruction of justice, President Clinton was impeached for lying under oath to congress. That was seen as an impeachable offense. Trump has so far managed to not answer questions under oath, so his lies are simply constitutionally protected free speech.
As noted above, the US Supreme Court in Thomas v Collins basically threw up its hands and said that politicians can deceive and lie to the public as much as they want and it is all good. There are a few rare exceptions, but by and large, lies and deceit are standard tools of political persuasion. Later court cases seem to reinforce the sanctity of free speech, arguing more speech is better than less. That at least implies that no amount or kind of free speech could ever amount to an impeachable offence.
The thing is, though, congress can decide what is an impeachable offence and what isn't. In theory, congress could decide that too much lying and deceit protected as free speech is nonetheless so damaging to the public interest that it can rise to the level of an impeachable offense.
The anti-bias political ideology advocated here consists of four core moral values or principles. Two of those morals are fidelity to facts and fidelity to less biased reason or logic. They are there to try limit the ability of lies and deceit to tear society apart and to undermine the rule of law, democracy and democratic institutions such as a free press. From that moral point of view, Trump's endless stream of lies and polarizing speech can be seen as legal but impeachable. His polarizing free speech foments unwarranted hate, rage, fear, distrust, intolerance, racism and other harmful emotional responses.
Social science is clear that by provoking emotions, people tend to lose their capacity to think rationally. For the most part, emotion kills reason. As pointed out before, most political thinking and belief is probably generated unconsciously. The process is heavily driven by emotion and reactions to emotions. When the Supreme Court decided Thomas v Collins in 1945, there was no major, sustained propaganda war raging against the US as there is now. Propaganda attacks by Russia and China and Trump's own assaults on democracy constitute an existential threat that has not come before the Supreme Court so far.
From an anti-bias morals and mindset point of view, it is reasonable to believe that there is a deadly threat from dark free speech to civil society and liberal democracy generally. If one accepts that viewpoint, it is easy to argue that Trump's speech alone constitutes an impeachable offense, even though he has not lied under oath and thus broken no law.
Yes, there will be criticism of that logic and conclusion. Some will argue it is dangerous because impeaching for dark free speech alone can be abused and help a tyrant-kleptocrat rise to power. That is probably true. The flip side is equally true. Not adopting that logic and conclusion is dangerous because free speech is being abused right now and is helping a tyrant-kleptocrat rise to power, while tearing civil society to pieces and subverting democracy and the rule of law.
B&B orig: 11/9/18
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