Should Trump be banned from Facebook, Twitter?

“Not freedom for the thought of those who agree with us, but freedom for the thought that we hate.”

 

This profound observation on free speech by the great American jurist Oliver Wendell Holmes has exceptions, which Holmes made clear in another First Amendment decision by noting that “speech that is false and dangerous is not protected” and no one is permitted  the freedom of “shouting ‘fire’ in a crowded theater, causing panic.” 

The Holmes remarks came to mind when pondering the decision by Facebook and Twitter to ban former president Trump indefinitely after he inspired a crowd to storm the U.S. Capitol on Jan. 6.

Holmes’s words on the thoughts we hate are from a dissenting opinion in a 1929 Supreme Court  decision that blocked the citizenship application of a Hungarian immigrant named Rosika Schwimmer.

Schwimmer, in applying for the application, revealed that as a pacifist, she would not be willing to take up arms in defense of the United States. Even though Americans then, as now, had the right to conscientiously object to military service, the majority ruled that Schwimmer did not enjoy a citizen’s rights. 

Over the years, Holmes’s ideas  about limits on free speech had evolved. In 1919. he was part of a unanimous Court finding that the distribution of anti-draft leaflets  represented a clear and present danger to government recruitment in wartime.  He even likened the leafleting to falsely shouting fire in a theater.

But when wartime fever subsided, Holmes had second thoughts and in another leaflets case aimed at Russian immigrants supporting the Bolshevik Revolution.  “A silly leaflet by unknown men,” he wrote, was not a clear and present danger to the nation and “should not be illegal.” 

So how does all of this judicial thinking apply to the facts surrounding former president Trump’s loss of the use of Facebook  and Twitter because of the role his words played in inciting  the Jan.6 insurrection?

This final act of Trump’s tumultuous presidency resulted in death and destruction when his supporters attacked the Capitol while Congress was counting the 2020 electoral votes.  It was surely akin to falsely shouting fire in a crowded theater and was both dangerous and false.  And it was definitely not a silly speech by an unknown person. 

But Facebook is a private company and such organizations are not subject to the First Amendment. However, that doesn’t mean the  ban was fair and proper and Facebook had an independent committee of notables conduct an inquiry into its actions against Trump.

Former federal judge Michael McConnell, the co-chairman of that independent  committee, has pointed out there was no violation of the First Amendment because private companies can, indeed, violate the amendment.  Facebook and other social media can block whatever it deems unsuitable for whatever reason. However, they do so at the risk of offending public opinion, also known as their customers. Not to mention the trust busters in Congress, who can and do make laws upholding freedom of speech.

The committee  also noted Facebook doesn’t treat all of its users equally and needs to take a hard look at its standards before it finds Congress taking a hard look at its anti-trust status.  It criticized Trump’s ban and asked Facebook to reconsider.

What could amount to a lifetime ban on a former president, no matter how disreputable his conduct, is troubling.  This is especially true in Trump’s case if he follows through on his threat to run again in 2024. Every candidate should enjoy equal opportunity to reach voters.

And even though the First Amendment doesn’t apply here, our collective consciences should not ignore Holmes’s admonition about the truth we agree with and the truth we hate.

While writing this coIumn, I came upon another memorable admonition that has haunted me since I first read it as a student. It was made in 1930s by the great German theologian Martin Neimoller:

“First they came for the socialists but I did not speak out because I was not a socialist.

Then they came for the trade unionists but I did not speak out because I was not a trade unionist.

Then they came for the Jews but I did not speak out because I was not a Jew.

Then they came for me and there was no one left to speak for me.”

And I thought maybe it was time to speak out, even for Donald Trump.

 

Simsbury resident Dick Ahles is a retired journalist. Email him at rahles1@outlook.com.

The views expressed here are not necessarily those of The Millerton News and The News does not support or oppose candidates for public office.

Latest News

Demolition of Millerton’s fire-damaged highway and water building begins

Demolition crews from BELFOR Property Restoration began demolishing the fire-ravaged Water and Highway Department building in the Village of Millerton on Monday, Oct. 27

Photo by Aly Morrissey

MILLERTON — The long-awaited demolition of Millerton’s Highway and Water Department building began Monday, Oct. 27, marking a major milestone in the village’s recovery from the February fire that destroyed the facility.

The demolition, handled by BELFOR Property Restoration, is now underway. Eddie Collins Park, located next to the site, remains open to the public, though visitors are asked to steer clear of the demolition area.

Keep ReadingShow less
Keane Stud developers present environmental impact analysis

A preliminary draft of an impact analysis study for a Keane Stud subdivision application drew residents to a Planning Board meeting on Wednesday, Oct. 22.

Photo by leila Hawken

AMENIA — Residents had the opportunity on Wednesday, Oct. 22, to weigh in on the proposed Keane Stud subdivision, a plan that would divide roughly 605 acres into 27 mostly residential lots, during a meeting of the Amenia Planning Board.

The session was part of the State Environmental Quality Review Act process, following the board’s decision that a Draft Environmental Impact Statement should be prepared to evaluate potential environmental and scenic impacts from the project.

Keep ReadingShow less
Amenia investigates budget officer over use of clerk’s signature
Amenia Town Hall on Route 22.
Nathan Miller

AMENIA — Amenia budget officer Charlie Miller has been accused of submitting the town’s tentative budget with an old signature from Town Clerk Dawn Marie Klingner.

Klingner said she reported the issue to the Town Board in executive session on Oct. 3, prompting members to assign the town’s labor attorney, Robert Schofield, to investigate.

Keep ReadingShow less
Local, county candidates gather for NorthEast-Millerton Library forum

Millerton and North East residents crowded into the NorthEast-Millerton Library Annex on Friday, Oct. 24, to hear from 10 candidates seeking office.

Photo by Christian Murray

MILLERTON — A crowd of about 60 people filled the NorthEast-Millerton Library Annex for a political Q&A session with candidates for local and county offices on Friday, Oct. 24.

Panels of candidates rotated across the stage, answering questions submitted beforehand and impromptu questions from audience members in the room.

Keep ReadingShow less