Free Speech or Treason in America ?

                         Free Speech or Treason?

             Most Americans probably can’t quote much of the verbiage found in the United States Constitution. And, if you ask them point blank to explain what many of the amendments are about, you will get a “deer in the head lights look.” American history is a life-long passion for me, but even I sometimes forget which numbers relate to which sections of the venerable document. But, I think many of us have a deeper understanding of the Constitution and its amendments than a casual survey would indicate.

Easily the most recognizable amendments, after the preamble, to most citizens are:

1^st. (freedom of speech and press)

2^nd. (right to bear arms.

4^th (search and seizure.)

5^th (self-incrimination)

14^th (due process)

        Beyond that, lies a whole string of issues that you would get a nod of recognition, from listeners, once you brought up the subjects involved. Prohibition, direct election of senators, equal rights amendment, voting righs for women, separation of powers and other topics are pretty complicated stuff for the casual listener to digest. 

        Those of us who toil, in the vineyards of the vote, have long understood that most folks are totally preoccupied with earning a living and raising their families. When pressed, they do seem to know a lot more about our government than a casual survey would indicate. They have an intuitive grasp of the electoral process and a vague understanding of “who does what” at different levels of government. True, many do not know who their legislators are, unless they have had cause to need services from one of the esteemed worthies. Ditto for sections of the Constitution and all levels of government.

        Like most subjects, the youngsters know the facile answers to most quizzes, from their school lessons. The rest of us struggle to remember what we were taught so very long ago, in ancient classrooms held before the dinosaurs arose on earth. I think the media generally does a pretty good job of reminding people what the issues are. Whether or not you can get folks to pry their eyes away from their cell phones, to read about or listen to you, is of course another matter.

           Our democratic system of government is a sophisticated process that often defies understanding, even from academics, on the how and why of things. Perhaps we all need to speak slower, use simpler language and try to be clearer when we write about things like government. I don’t think it is necessary for citizens to be able to rattle off the constitutional sections and amendments. They have enough on their minds already just trying to make ends meet and get through the day. As for the rest, we will just have to depend upon America’s Teachers, and the excellent media coverage we get, when speaking of the issues, to explain and enumerate what various proponents of complex issues are talking about. 

         This issue that  is now emerging, in conversations and arguments, is about the Jan, 6^th, 2021 Insurrection that almost toppled our democratic system of government. What exactly is seditious speech? What actions constitute treason? What types of speech precipitate such violent actions and who should be held liable for damages in those actions. And most importantly,  who gets to say what any of these concepts mean? The answers ultimately will be formulated by a jury of twelve people, who decide whether or not an infraction has been committed. In the case of the January 6^th insurrection,  almost 600 of those charged, with committing various harmful elements of that riot, have been tried, convicted. They will be incarcerated for various terms.

      Of course, any of these convictions can be appealed, on procedural grounds, all the way up to the Supreme Court. However cumbersome, this is our system of Jurisprudence. It has guided our nation for these last 236 years.

     And then, the latest wrinkle in the process is charging a former President of the United States with several counts of governmental obstruction, something punishable under various elements of the sedition and treasons clauses found in the Constitution.

       The current defense, offered by Team Trump, is one that cites the defendant’s right of “free speech” protection. Defendant alleges that any actions taken before on and after Jan. 6^th were an extension to and an element of a person’s “right to free speech,” afforded by the first amendment to our Constitution.

        Even a person of less than gifted intellect can see the shallow depth of this argument. Planning, organizing and executing an attempt to storm the U.S Capitol, a riot in which several people lost their lives, massive substantial to government buildings occurred and official government proceedings were impeded and obstructed, can hardly be seen as an element of the concept of “saying whatever you want to,” that is embodied in the concept of Free Speech protected by the First Amendment to the United States Constitution. The founding framers would not buy into this argument. I suspect no modern juries will accept it either.

       Another proposed defense is, “The lawyers made me do it.” I think this entire concept was thoroughly explored and found somewhat wanting during the Nuremberg Trials, held  just after W.W. II. Twenty four Nazi officials, who advanced this defense, were duly convicted of various crimes and later hanged by the neck until dead.

       The coming trial of former President Donald Trump, now scheduled for May of 2024, will be a pivotal moment in our history. It will explore and determine not only the limits of free speech, but decide what constitutes seditious speech, treason and insurrection. Whatever decision is reached by the initial panel of jurors will most certainly head immediately, through the appellate process, on its way to the Supreme Court of the United States. Marbury V. Madison, the Dred Scott decision, the 1876 Tilden/Hayes controversy and the whole series of Civil Rights decisions, that developed our modern democratic society, will be reshaped and redefined by the final conclusions found in Trump versus The United States of America.

           May the good Lord, and the spirit and the collective wisdom, of all of those brave souls who have fought and died for America, accompany these nine justices in their decision making.

                                             -30

                                          ( 1,043 words)

                               Joseph Xavier Martin