1st Amendment Needs to be Strengthened to Preserve Original Intent
Allison Bricker
The impetus behind our founders warning government to keep its hands off the press comes not from a love of newspapers per se, but rather the necessity of free and uncensored mass communication. Newspapers just happened to be the only form of mass communication at the time.
Prior to the American Revolution, journalists who dissented against the royal governments, its decrees or public office holders often found themselves imprisoned and their equipment destroyed. One of the most famous trials of a journalist falsely charged is that of John Peter Zenger.
Mr. Zenger published criticisms of New York’s “Royal” Governor, William Crosby. Shortly thereafter, Mr. Zenger found himself imprisoned and charged with libel. His attorney, Philadelphia lawyer, Andrew Hamilton successfully argued that one could not commit libel merely by publishing opinion or fact.1
It is my opinion that the The first Amendment to our Federal Constitution is too narrowly interpreted. Thus, had the internet, television, or radio, been present during the drafting of our Constitution, it is clear that the Founding Fathers would have extended government prohibitions on censorship to these mediums as well. However, the FEC has already attempted to sidestep the 1st Amendment and censor blogs under the auspices of McCain-Feingold.2 Now the FCC is set to rule on the creation of a free nationwide filtered internet under the guise of “protecting the children”.3
It is also obvious by a candid reading of the uncensored historical record, that the plutocrats made massive inroads in their attempt to centralize Federal power from the beginning of the 20th Century. After the passage of the 16th and 17th Amendments, we then see a massive encroachment upon our unalienable rights with the passage of the “Espionage Act of 1917″4 and “The Sedition Act of 1918″5. The Espionage Act was passed at the urging of President Woodrow Wilson who felt that dissent during war could jeopardize our potential for victory. His flawed logic still exists today and is echoed by hacks like Senator Joe Lieberman (D-CT). This belief is a stark contrast to the Founding Fathers who were all too familiar with the oppressive hand of government censorship.
The best known victim of prosecution under the “Espionage Act of 1917″ is Eugene Debs. Mr. Debs had previously run for President as the Socialist Party’s candidate and publicly denounced the U.S. involvement in World War I. He was charged with “obstructing military recruiting” after a speech in 1918. Mr. Debs was found guilty of sedition and sentenced to 10 years in prison. After serving three years, he was pardoned by President Harding and released.6 It is immaterial to me that I would vehemently debate and ultimately disagree with Mr. Deb’s socialist philosophy. His imprisonment merely demonstrates the lengths politicians will go to in order to silence opposition.
We the People, have failed to be vigilant as the guardians of our own liberties and we must bear some of the burden. In addition to the Espionage and Sedition Acts, by allowing the FCC to declare the airwaves publicly owned and therefore subject to regulation we do ourselves a massive disservice in pursuit of the truth. The consequences of this massive failure, was to allow the creation of broadcast licensing. By allowing the dissemination of information to be controlled by an ever decreasing amount of individual corporations via licensing we lose our ability to make proper judgments on matters of national importance, such as the invasion of Iraq or the disgusting pursuit of legalized torture by the Executive Branch.
Tyrants and their sycophant sympathizers love to claim that the FCC grants licenses to those who “serve the public interest”. However, the historical record contradicts this altruistic pursuit and in the end it merely grants licenses to those who serve to swell the bank accounts of both the bureaucrats and politicians.7
Fellow readers, the internet has allowed for the greatest expanse of news, opinions, and knowledge humanity has ever known. Abuse by some in the form of unsourced or libelous news reports does not justify statements by the traitor to the Constitution known as Connecticut Senator Joe Lieberman, who in a letter to Google regarding YouTube videos wrote:
“In other words, Islamist terrorist organizations use YouTube to disseminate their propaganda, enlist followers, and provide weapons training - activities that are all essential to terrorist activity. According to testimony received by our Committee, the online content produced by al-Qaeda and other Islamist terrorist organizations can play a significant role in the process of radicalization, the end point of which is the planning and execution of a terrorist attack.”8
There is indeed great danger in the notion that a hack Senator and two-time loser such as Joe Lieberman should be telling a private corporation what should be censored for the sake of national security. The biggest dangers to national security are the power-hungry ambitions of terrorist politicians like Joe Lieberman and his insurgent bureaucratic operatives who seek to wage their personal jihad on the 1st Amendment and our inherent liberties.
Further, President-Elect Obama has selected Eric Holder as Attorney General. The Plutocratic fundamentalist, Eric Holder has also spoken publicly about his desire to censor the internet and further erode the 1st Amendment via his interpretation of “reasonable regulation”.
The time is now upon us, to beat back the ever encroaching hand of government and amend the Constitution to expand the scope of the 1st Amendment, thus ensuring all forms of communication both current and those not yet fathomed are protected from those who seek to stifle the free exchange of ideas and expression.
In closing, my only regret is that I have but one life to blog for my Republic.
Don’t Tread on Me!
Source(s): 1University of Missouri Kansas City School of Law • 2 FEC Agenda Document Number 05-16 • 3 CNET - “FCC Cancels Meeting for Free Interent Vote” • 4 Espionage Act of 1917 • 5 Sedition Act of 1918 • 6 DEBS v UNITED STATES of AMERICA No. 714 • 7 McCain Denies Pushing FCC on Paxson Behalf • 8 Dialogue with Senator Lieberman on Terrorism Videos







