Ben Franklin: It’s “a Republic, if you can keep it.”

On September 17, 1787, as delegates left the Constitutional Convention in Independence Hall, Benjamin Franklin was asked what kind of government do we have?

"A Republic," he replied, "if you can keep it."

I am stunned at the willingness of many on the political left to ignore the First Amendment out of convenience when it comes to their favorite issues. As I predicted several days ago, the ACLU has been silent. Many of us who used to fear government censorship are publicly warming up to that idea.  In recent days, Glenn Greenwald has commented repeatedly. For example:

Those who remember the recent past the federal government be able to declare and enforce its version of the "truth" re COVID.  Here's a few examples:

There is apparently something in the water that is causing Americans to become obtuse, unable to understand their own history, their own government and nuance. Many people who hear my opinions of these topics accuse me of liking it when malevolent and stupid people kill other people by spreading lies about COVID.  They think I like it when harmful false ideas are spread through social media. Many of them are proud Americans who wave flags and celebrate the Fourth of July, but they don't understand the function and power of the First Amendment and free speech (the latter of which is a broader issue). It's as though they don't understand that many truths are complex, making them unendingly imperfect and tentative. It's as though they don't understand that by allowing the marketplace of ideas to run its course, we will be in the best position to understand what is going on around us on every topic and every issue. It's as though they want to completely trust a government that excels in spewing out lies, year after year, administration after administration.

Is it too much to ask that Americans understand their own Constitution before willingly shredding parts of it?

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The United States is Dictating to Facebook What We Can Say to Each Other

The U.S. government is providing a handy new service for us. We no longer need to worry about what to say and think! It is well-established, however, that the First Amendment prohibits the government from forcing private companies to censor.

I would like to think that the ACLU will file suit tomorrow to crush this obvious violation of the First Amendment, but I have no confidence that that will happen. And beware: Censorship is a potent narcotic that is difficult for governments to quit. Republicans are undoubtedly licking their chops now, waiting for their chance.

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Ed Snowden Talks Shop with Daniel Ellsberg

Ed Snowden invited Daniel Ellsberg to have a conversation. These two men who are heroes to me (and to each other), discuss the importance of whistle-blowers, free speech and the war powers of the United States. Ellsberg points out (at min 8) that he did not disclose the Pentagon Papers because the government was lying or because the Vietnam war wasn't winnable. Almost everyone knew these things at that time. He did it because the war was "wrong" and it was "getting bigger," at a time where Nixon knew that he might be drawing the Chinese into the war and he was considering the use of nuclear weapons.

At minute 12, Ed Snowden explains that he acted not because he was against spying (though he was against spying), but because the government was acting outside of the knowledge and control of the People. The government was reinterpreting the Constitution outside of the knowledge of the People (and outside of the knowledge of most members of Congress) in a "secret rubber-stamp court." The People were no longer "partner" with the government, but "subjects" of the government. Snowden continued, from Bush to Obama to Trump, "the government is becoming less accountable to the People, and the people are becoming more accountable to the government."

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Why We Need to Re-Teach the Importance of Free Speech to Each Generation

Jonathan Rauch, author of The Constitution of Knowledge, discussing free speech with Andrew Sullivan:

Books like mine, I hope, and work like yours [Sullivan's], will sound the alarm and show the way out, show that our arguments are strong, that pluralism is really the only path to a peaceful, productive and knowledgeable society. What the purists have to argue is only eternal warfare, in which arguments are not resolved. And the casualties are either physical human bodies, or ostracism, or ignorance, or chilling.

Even if we don't win that argument right now, I keep pointing out to people: Remember the notions of free speech and free thought and all the rigors of science? These things are profoundly counterintuitive. The idea that speech is blasphemous, heretical, wrongheaded, offensive--add your adjectives--that speech is like that? That ideas like that should not only be allowed, but affirmatively protected, is the strangest and weirdest, and probably the craziest social idea that was ever invented. And it's only rescued by the fact that it's also the most successful social idea that was ever invented by a country mile. I would argue that it put an end to the creed wars. It gave us knowledge. It gave us finally some peace. And the result of that counter-intuitiveness is that you and I and our children, metaphorically, and our grandchildren and their grandchildren, will have to get up every morning and defend these ideas from scratch against a new generation that, for whatever new reason, emotional safety-ism or critical race theory or something else, that they don't get it. And we just have to be cheerful about that because, historically speaking, we've done incredibly well for about two and a half centuries. This is a template in the history of the human species.

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