First Amendment | Messaging Matters

Donald Trump’s attack on social media free speech doesn’t pass the SMELL test

Written on May 29, 2020 by Messaging Matters in Media Watch

Donald Trump whining about Twitter looks like this

On Thursday, just two days after being fact-checked on Twitter, Donald Trump signed an Executive Order which attempts to regulate free speech on social networks. Specifically, Trump’s Order tries to “clarify” a federal law passed by Congress in 1996, the Communications Decency Act, by taking away free speech protections that the law granted over online platforms such as Twitter, Facebook and other social media. Trump’s Executive Order further provides:

The (Attorney General’s) working group will also monitor or create watch-lists of users based on their interactions with content or other users.

Essentially, Trump, with the assistance of U.S. Attorney General William Barr, wants to compile a Nixon-style “enemies list” of people who write unflattering things about Trump or other Republicans, and then punish them. This idea, which we call the Social Media Enemies Lengthy List (“SMELL”), as part of Trump’s attempt to trample on the legislative power of Congress, doesn’t pass the smell test, either legally, constitutionally or otherwise. In fact, it is a weak, laughable move that will likely blow back in Trump’s face.

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Tags: Chamber of Commerce, Communications Decency Act, Constitution, Donald Trump, executive order, First Amendment, free speech, Internet, Laurence Tribe, social network, Twitter, William Barr

Facebook to ban white nationalism hate speech — will it work?

Written on March 28, 2019 by Messaging Matters in Good Government, Media Watch

Facebook, under fire for right wing extremism

Yesterday, Facebook announced that, beginning next week, it will begin enforcing “a ban on praise, support and representation of white nationalism and separatism on Facebook and Instagram.” Facebook’s statement indicates that, while the company has always sought to target “white supremacy,”

[w]e didn’t originally apply the same rationale to expressions of white nationalism and separatism because we were thinking about broader concepts of nationalism and separatism — things like American pride and Basque separatism, which are an important part of people’s identity.

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Tags: Donald Trump, Elizabeth Warren, Facebook, First Amendment, free speech, hate speech, Instagram, racism, white nationalism, white separatism

Donald Trump’s Saturday Night Live Massacre

Written on December 17, 2018 by Messaging Matters in Democratic Messaging, Democratic vs. Republican Presidents, Media Watch

1938 political cartoon attacking Democratic President Franklin D. Roosevelt

Ever since NBC’s “Saturday Night Live” went on the air in 1975, it has made fun of the president of the United States. From Gerald Ford‘s absentmindedness to Bill Clinton’s philandering to Barack Obama‘s ultra-calm politeness, presidents have had to contend with their satirical SNL portrayals. Usually, presidents have laughed along with such send-ups, knowing that not only is this the price they pay to lead a free society, but also that, for politicians, a little self-deprecating humor can go a long way.

Now comes Donald Trump, however, who has no self-deprecating humor and, according to many people, no self-awareness. Trump also has the thinnest skin of any president (or just about anyone) in our lifetimes. After last Saturday night’s portrayal of Trump on SNL, instead of laughing along, Trump took to his favorite mode of communication, Twitter, and challenged the legality of SNL:

A REAL scandal is the one sided coverage, hour by hour, of networks like NBC & Democrat spin machines like Saturday Night Live. It is all nothing less than unfair news coverage and Dem commercials. Should be tested in courts, can’t be legal? Only defame & belittle! Collusion?

— Donald J. Trump (@realDonaldTrump) December 16, 2018

We can only say, good luck with that.

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Tags: Barack Obama, Bill Clinton, Constitution, Donald Trump, First Amendment, freedom of speech, freedom of the press, Gerald Ford, Hustler Magazine, Jerry Falwell, NBC, Saturday Night Live, SNL, Supreme Court, Twitter

Would Republicans vote for a Democratic House majority?

Written on October 23, 2018 by Messaging Matters in Democratic Messaging, Democratic vs. Republican Presidents, Republican Messaging

“Stand on Every Corner” protest, St. Paul, MN

This year, several prominent Republicans have either left the Republican Party altogether, or at least have called for fellow Republicans to vote for Democratic candidates in this year’s midterm elections. In June, conservative columnist George Will called for Republicans to vote Democratic this November, primarily to punish Congressional Republicans for not exercising their constitutional powers to stand up to Donald Trump. At about the same time, longtime Republican strategist Steve Schmidt announced that he was leaving the GOP, citing the Trump administration’s cruel family separation policy. Schmidt was followed earlier this month by former U.S. Congressman David Jolly of Florida, who announced that he and his wife have left the GOP. And Republican pundit William Kristol heavily criticizes Donald Trump and seems to be implicitly cheerleading the Democrats in the upcoming elections, with tweets such as:

Republicans seem to have given Democrats the chance in the final three weeks to run against both increasing deficits caused by the existing GOP Congress and the prospect of Social Security and Medicare cuts by a future GOP Congress.

— Bill Kristol (@BillKristol) October 17, 2018

There are more examples of Republican defections to varying degrees. So the question is, can and should Democrats realistically call upon Republicans to vote for Democratic candidates, at least for their U.S. House Representative, in the midterm elections?

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Tags: 2018 Elections, 2018 midterm elections, Congress, Constitution, David Jolly, Donald Trump, First Amendment, George Will, GOP, government, protest, Republican Party, Republicans, Steve Schmidt, William Kristol

Republicans are the party of “EXCEPT”

Written on June 10, 2014 by Messaging Matters in Democratic Messaging, Republican Messaging

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Republicans “support the troops” EXCEPT Bowe Bergdahl.

Republicans are “pro-life” EXCEPT once a baby is born, then he’s on his own.

Republicans believe in “law and order” EXCEPT when it comes to keeping guns away from violent criminals, terrorists and the mentally ill.

Republicans believe in the “sanctity of marriage” EXCEPT between gay couples.

Republicans believe in “family values” EXCEPT when GOP officials are caught cheating on their spouses or frequenting prostitutes.

Republicans believe in “smaller government” and “lower spending” EXCEPT when a Republican is in the White House.

Republicans are “pro-business” EXCEPT when it comes to helping business by repairing America’s crumbling roads and bridges.

Republicans “believe in the Constitution” EXCEPT when federal law requires grazing fees on federal land.

Republicans are “tough on crime” EXCEPT when it comes to white-collar crime by bankers.

Republicans “fight terrorism” EXCEPT when it’s right-wing domestic terrorism.

Republicans believe in “free speech” EXCEPT when it comes to revealing genetically-modified foods, donors to right-wing dark money groups, or information women need when they’re pregnant.

Photo by Pargon, used under Creative Commons license. http://is.gd/G4VJ4w

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Tags: abortion, Constitution, crime, First Amendment, free speech, gay marriage, gun control, infrastructure, marriage, pro-life, support the troops, terrorism

“Duck Dynasty” star Phil Robertson joins long list of media personalities penalized for comments

Written on December 20, 2013 by Messaging Matters in Democratic Messaging, Republican Messaging

Fallout regarding A&E Network‘s suspension of “Duck Dynasty” patriarch Phil Robertson for his anti-gay and anti-black comments in a GQ Magazine interview is reaching a fever pitch. For example, “Phil Robertson” is trending very high on Twitter, with commenters voicing their opinions on both sides. However, Robertson’s suspension is hardly surprising given the long list of tv, radio, musical and other personalities who have been commercially penalized for their comments made either on or off the air. This list spans the political spectrum, and includes:

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Tags: censorship, Dixie Chicks, Duck Dynasty, Ed Schultz, First Amendment, Martin Bashir, Phil Robertson, Randi Rhodes

Supreme Court upholds First Amendment

Written on June 21, 2013 by Messaging Matters in Republican Messaging

In a decision that was all but overshadowed by anticipation over decisions on gay marriage and voter rights, the U.S. Supreme Court yesterday ruled 6-2 in favor of the First Amendment. This case was Agency for International Development v. Alliance for Open Society International. The dispute was over a 2003 law with the rather clunky name “United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003.” The law provides billions of dollars for non-governmental agencies to fund efforts to combat HIV/AIDS worldwide. However, the law required funding recipients to agree explicitly in their awarding documents that they oppose prostitution. That provision was added by Republican Representative Chris Smith, reportedly as a sop to conservative ideology that had no practical effect on the prevention of HIV/AIDS. The law also requires the U.S. President, as part of the overall prevention strategy, to “promote abstinence” and “encourage monogamy and faithfulness.”

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Tags: First Amendment, Supreme Court

Second Amendment and other constitutional rights are not absolute

Written on January 31, 2013 by Messaging Matters in Democratic Messaging, Republican Messaging

In the current gun violence debate, the National Rifle Association and its supporters often cite the Second Amendment to the U.S. Constitution for their opposition to sensible gun safety laws. However, as a guest poster recently wrote here, such a view falsely turns the Second Amendment into a “super right.” In fact, most individual rights under the U.S. Constitution, including the Second Amendment and other amendments in the Bill of Rights, are not so absolute; rather, they are subject to reasonable limits. Here is a brief and partial list of examples: