Let me say, I think Tulsi will distance herself more and more from the Democrats and affiliate more with people like Dave Rubin does — conservatives — who are the bulwark in protecting free speech and thought.
(TRANSCRIPT) The mob who stormed the capitol to try to stop Congress from carrying out its constitutional responsibilities were behaving like domestic enemies of our country. But let us be clear, the John Brennan’s, Adam Schiffs and the oligarchs in Big Tech who are trying to undermine our constitutionally-protected rights and turn our country into a police state with KGB-style “surveillance” are also domestic enemies—and much more powerful, and therefore dangerous, than the mob which stormed the Capitol.
John Brennan said, “Members of the Biden team who have been nominated or have been appointed are now moving in laser like fashion to try to uncover as much as they can about what looks very similar to insurgency movements that we’ve seen overseas, where they germinate in different parts of the country and they gain strength and it brings together an unholy alliance frequently of religious extremists, authoritarians, fascists, bigots, racists, Nativists, even libertarians.”
President Biden, I call upon you and all members of Congress from both parties to denounce these efforts by the likes of Brennan and others to take away our civil liberties endowed to us by our Creator and guaranteed in our Constitution. If you don’t stand up to these people now, then our country will be in great peril.
Dave Rubin of The Rubin Report talks to Tulsi Gabbard (former Congresswoman) about the Big Tech social media purge, Trump being banned from Twitter, the censorship of Parler by Google, Apple and Amazon and shares an exclusive announcement with Rubin Report viewers. Tulsi Gabbard shares her concerns with the amount of power that tech corporations hold over our ability to communicate with each other. She discusses the ramping up of social media censorship on the major tech platforms and how she is using Locals.com to protect her ability to communicate with her followers.
YOU CANNOT YELL “FIRE” IN A CROWDED THEATRE
Here is a responses to that quote trotted out often, for the curious. The first comes from [of all places] THE ATLANTIC:
Ninety-three years ago, Justice Oliver Wendell Holmes wrote what is perhaps the most well-known — yet misquoted and misused — phrase in Supreme Court history: “The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic.”
Without fail, whenever a free speech controversy hits, someone will cite this phrase as proof of limits on the First Amendment. And whatever that controversy may be, “the law”–as some have curiously called it–can be interpreted to suggest that we should err on the side of censorship. Holmes’ quote has become a crutch for every censor in America, yet the quote is wildly misunderstood.
The latest example comes from New York City councilmen Peter Vallone, who declared yesterday “Everyone knows the example of yelling fire in a crowded movie theater,” as he called for charges against pseudonymous Twitter @ComfortablySmug for spreading false information during Hurricane Sandy. Other commentators have endorsed Vallone’s suggestions, citing the same quote as established precedent.
The Court’s description of the pamphlet proves it to be milder than any of the dozens of protests currently going on around this country every day:
It said, “Do not submit to intimidation,” but in form, at least, confined itself to peaceful measures such as a petition for the repeal of the act. The other and later printed side of the sheet was headed “Assert Your Rights.”
The crowded theater remark that everyone remembers was an analogy Holmes made before issuing the court’s holding. He was explaining that the First Amendment is not absolute. It is what lawyers call dictum, a justice’s ancillary opinion that doesn’t directly involve the facts of the case and has no binding authority. The actual ruling, that the pamphlet posed a “clear and present danger” to a nation at war, landed Schenk in prison and continued to haunt the court for years to come.
Two similar Supreme Court cases decided later the same year–Debs v. U.S. and Frohwerk v. U.S.–also sent peaceful anti-war activists to jail under the Espionage Act for the mildest of government criticism. (Read Ken White’s excellent, in-depth dissection of these cases.) Together, the trio of rulings did more damage to First Amendment as any other case in the 20th century.
In 1969, the Supreme Court’s decision in Brandenburg v. Ohio effectively overturned Schenck and any authority the case still carried. There, the Court held that inflammatory speech–and even speech advocating violence by members of the Ku Klux Klan–is protected under the First Amendment, unless the speech “is directed to inciting or producing imminent lawless action and is likely to incite or produce such action” (emphasis mine).
Today, despite the “crowded theater” quote’s legal irrelevance, advocates of censorship have not stopped trotting it out as thefinal word on the lawful limits of the First Amendment. As Rottman wrote, for this reason, it’s “worse than useless in defining the boundaries of constitutional speech. When used metaphorically, it can be deployed against any unpopular speech.” Worse, its advocates are tacitly endorsing one of the broadest censorship decisions ever brought down by the Court. It is quite simply, as Ken White calls it, “the most famous and pervasive lazy cheat in American dialogue about free speech.”
Even Justice Holmes may have quickly realized the gravity of his opinions in Schneck and its companion cases. Later in the same term, Holmes suddenly dissented in a similar case, Abrams vs. United States, which sent Russian immigrants to jail under the Espionage Act. It would become the first in a long string of dissents Holmes and fellow Justice Louis Brandeis would write in defense of free speech that collectively laid the groundwork for Court decisions in the 1960s and 1970s that shaped the First Amendment jurisprudence of today.
In what would become his second most famous phrase, Holmes wrote in Abrams that the marketplace of ideas offered the best solution for tamping down offensive speech: “The ultimate good desired is better reached by free trade in ideas — that the best test of truth is the power of the thought to get itself accepted in the competition of the market, and that truth is the only ground upon which their wishes safely can be carried out.”……