If you’re wondering why we haven’t discussed censorship during the time of the Civil War, World War I, or World War II, it’s because there is no real comparison. As bad as things have been for free speech since 2014, no one is arguing that America has been in a situation as big or as bad as it was during those major wars.
Over the course of that year, there were 3,600 labor strikes involving a reported four million workers, including over 350,000 steel workers and 400,000 miners.... Riots broke out during Bolshevist protests in New York, Boston, and Cleveland (another great book on this topic is “Perilous Times: Free Speech in Wartime: From the Sedition Act of 1798 to the War on Terrorism” by Geoffrey R. Stone). Through all of this, fear of Bolshevism was reaching a fever pitch.And then came the bombs.Thirty-six mail bombs were delivered on May Day to the homes of American leaders, including Supreme Court justices, important businessmen, cabinet members, and politicians. Some of the bombs injured and even killed several people.* Then, eight additional, larger bombings occurred in cities across the country.Attorney General A. Mitchell Palmer, whose D.C. home was destroyed** by one of the bombs, vowed revenge. With the help of up-and-coming FBI agent J. Edgar Hoover, Palmer orchestrated a series of raids against suspected Bolshevik sympathizers — launching what would later be called the Palmer Raids, wherein the government arrested 4,000 to 5,000 suspected political radicals and deported 800 to 900.*** In many cases, suspects were arrested for speech or association with communist or anarchist groups that would be fully protected under the First Amendment today, but it would not be until 1925, in Gitlow v. New York, that the First Amendment began having any teeth at all and decades before it would be strongly interpreted to protect membership in subversive organizations.
They then go on to say, 'But you don't have to look at America, look at what the UK is up to; they're also arresting thousands in the present day over allegedly offensive speech.' And that's true, and it's a good point. However, it has definitely been worse at other historical periods; England used to hang men for speech that displeased the crown.
* According to American Anarchy, which I have almost finished now, only two people were harmed by these bombs -- one of them badly maimed, however.
** 'Damaged' more than 'destroyed.' It did mess up his library.
*** The American Anarchy author states that the actual figure may have been as high as 10,000. A lot of the arrests were done by local police partners rather than Federal authorities themselves. They were arrested without warrants, and held without bail or access to counsel until an Assistant Secretary of Labor named Louis Freeland Post stood up for their due process rights -- immigration having been assigned to the Department of Labor at that time. This basically ended the whole campaign of the Palmer raids in a disgraceful Federal retreat and embarrassment, a risk the current administration is also running.
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"It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness, it was the epoch of belief, it was the epoch of incredulity, it was the season of Light, it was the season of Darkness, it was the spring of hope, it was the winter of despair, we had everything before us, we had nothing before us, we were all going direct to Heaven, we were all going direct the other way--in short, the period was so far like the present period that some of its noisiest authorities insisted on its being received, for good or for evil, in the superlative degree of comparison only."
-- Charles Dickens, A Tale of Two Cities, 1859
Yes. In literary references, the War of the Ring wasn't even 'the worst ever' in Tolkien's world; the earlier wars against Morgoth had been objectively worse, facing an enemy who was more powerful and whose weapons were also. The Ring only had the potential to make Sauron as powerful as Sauron could be, which was far less than his master had been.
It is a good practical argument that we can't give 11 million people hearings. However, that seems like exactly the sort of solution we should look to elected representatives for. It's no good to say, well we can't do that so we're going to ignore the rules altogether. Trump is cutting the Gordian Knot. I still don't like it.
Unfortunately it is also a good practical argument that congress will do nothing.
Pragmatically, the system is not salvageable. It's really only a question of whether he breaks it, or if he fails to and it breaks later when these impossible demands finally run up on the rocks.
Neither of these are good options. Congress or the Supreme Court, or both, could step in to assist in making reforms more lawful and orderly. Neither seems to want to do so.
Another alternative: the states could demand a Constitutional Convention. You'd need 3/4ths of the states, or 38, to ratify amendments from such a convention. Trump won 31 last year.
I don't see how this ends without the system collapsing, which is the worst outcome but the one everyone seems intent on insisting upon.
I correct myself: the worst outcome is the system somehow surviving and imposing the tyranny it desires on everyone. I don't think that's actually possible, because of the realities of economics; but North Korea has managed to get along for quite a while. Of course, it has the rest of the world to bail it out with food shipments.
"** 'Damaged' more than 'destroyed.' It did mess up his library. "
Short of harming any of my family members, I might consider this worse than destroying the entire rest of the house...
"They were arrested without warrants, and held without bail or access to counsel..."
If someone trespasses your land, which is posted, no warrant is required to have the police force that person to leave. Bail is not a requirement, it's a privilege the court can grant you. Access to counsel should be allowed, but it's not unreasonable to deny it until the trespasser is off the land they are trespassing on, no?
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