Monday, September 22, 2025
-Bill Crane-
I am not a lawyer, nor expert in Constitutional Law, nor do I play one on TV, thankfully our U.S. Constitution’s language in the First Amendment and our Bill of Rights is written pretty plainly.
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” U.S. Constitution, First Amendment
Freedom of speech, as well as the press has been for nearing 2.5 centuries a hallmark of American liberty. And though that right may at present be under assault, it still fully exists, and is enshrined in the framing documents of our republic. Presidential support for this freedom has typically been unquestioned as well, even when administrations are singed by the heat of a critical media.
One of my favorite presidents, Teddy Roosevelt, acknowledged that Presidents will often receive critique and second guessing, and that comes with the job.
“To announce that there must be no criticism of the President, right or wrong, is not only unpatriotic and servile, but morally treasonable to the American Public,” President Theodore Roosevelt.
Teddy is also remembered, during his third run for President, while giving a stump speech, for taking an assassin’s bullet to the chest, at point blank range, and then finishing the speech. His glasses case in his coat pocket deflected the bullet’s trajectory and the bullet wound was thus much less severe.
But Free Speech and Presidential critique acceptance is not only on the GOP side of the aisle. President Lyndon Johnson, during the height of the Vietnam War, was experiencing flagging popularity, that would eventually help him decide to not seek a second term. Johnson was a regular target for skewering by the then popular Smothers Brothers on their weekly variety show.
After Johnson’s V.P. Hubert Humphrey lost his bid for the White House, the Smothers Brothers sent a note of apology to Johnson for making him such a frequent target of their satire. And LBJ wrote them back –
“It is part of the price of leadership of this great and free nation to be the target of clever satirists. You have given the gift of laughter to our people. May we never grow so somber or self important that we fail to appreciate the humor in our lives.” President Lyndon Baines Johnson, November 9, 1968.
Setting aside the recent departure from ABC’s airwaves of Jimmy Kimmel, who I found to be much funnier and more offensive during his pudgy and pasty days hosting “The Man Show,” or the pending swan song of his more erudite peer, Stephen Colbert, the current occupant of 1600 Pennsylvania Avenue wants to take this scrubbing and dismantling of free speech and press even further.
From the September 19 edition of The New York Times, President Trump shares his thoughts on critical coverage of his administration –
“They’ll take a great story and they’ll make it bad. See, I think that’s really illegal.”President Donald J. Trump.
We don’t have the First Amendment to protect popular speech or words of praise. We cherish this right to be able to question or bring truth to power, to be able to freely speak our minds. To hopefully maintain a civil discourse while disagreeing broadly on the best paths and remedies of the day.
I have a feeling that this President would have gotten along well with King George II, and perhaps T.R. and L.B.J. not so much. Trump prefers to ‘speak the truth’ and say what others only think…but that of course is his truth.
If lying or making false statements to the media became illegal, does anyone care to estimate the number of charges that the President himself might generate in an average press briefing against himself?
You cannot incite violence or harm against others. Perjury, or lying under oath is illegal. Other than that, even the most vile and offensive speech is protected. Could some solid law school professor give our Attorney General a refresher course on the distinctions between a hate crime and hate speech. The former is illegal in many states and with prescribed definition, the latter is Constitutionally protected. Thankfully for some, ignorance is also still legal here in ‘Merica as well.