7/07/2011

The President is Working Hard-Against Free Speech

Obama free speech malkin

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These topics were listed in a previous article.

Since writing that article, I became aware of the following:

Attacking Freedom of Speech

    But the most insidious effect of the president’s draft executive order is its stifling of free speech.

    Former Supreme Court Justice Hugo Black, in one of his most poignant concurring opinions, enunciated the crux of the First Amendment’s right to the freedom of speech: “That Amendment provides, in simple words, that ‘Congress shall make no law . . . abridging the freedom of speech, or of the press.’ I read ‘no law . . . abridging’ to mean no law abridging.”2 Although the Supreme Court’s jurisprudence has proceeded in fits and starts, occasionally sliding back into allowing more onerous regulations impinging—and dare we say, “abridging”—the freedom of speech, any honest study of the First Amendment’ tumultuous history must conclude that it has been a long, slow climb back toward the absolute freedom of speech envisioned by the Framers and explicated clearly by the constitutional text.

    But, like the giant boulder of Sisyphean legend, President Obama’s draft executive order attempts to push the First Amendment back down into the valley of arbitrary speech restrictions. And what the president could not succeed in doing through the proper legislative avenues, he now attempts to do through fiat with an executive order that, if successful, would chill and suppress core political speech—the very same speech which was years ago decided to be the most important expression in need of protection in the entire marketplace of ideas.

     

One cure for this executive order would be to reverse it, by a newly elected president.