An Attack on We the People’s Constitutionally Guaranteed Right to Free Speech and the Press
By William J. Dell – 24 September 2009
There is a two prong attack being waged against We the People’s Constitutionally guaranteed right to free speech and the press. The First Amendment, which was ratified 15 December 1791 states [Emphasis added]:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
There is much talk today about suppressing “Talk Radio” and it conservative message. We hear of the “Fairness Doctrine” and the inability of the Left to compete and get their message to We the People. Additionally, there is a proposed Bill in the Senate to grant power to the President to “Shut down the Internet.” It is the opinion of this writer that We the People are making choices – the choices of a free people and citizenry to obtain information that suits us on the issues that confront us from where We the People believe the truth lies. And as was said some 2000 years ago, “And ye shall know the truth, and the truth shall make you free.” [John 8:32] Let us look at the facts.
This writer will readily admit that for the past century there has been and there continues to be an ever increasing bias in journalism – broadcast and print. This is because many of those in control of journalism today deal mostly in “yellow journalism” or “biased opinion; and, exploited, distorted and exaggerated reporting which masquerades as objective fact to create sensationalism and improve their ‘bottom-line.’” They are NOT interested in using their Constitutionally guaranteed power to protect We the People by reporting ALL sides of an issue. They are NOT interested in “reporting” and letting We the People decide. They are only interested in promoting and fostering their own political, progressive and social agendas. They are only interested in PROPAGANDIZING We the People. The real question is; does the citizen have access to what he or she wants and needs to see, read or hear? Can We the People find the information required “to compare and contrast” ALL sides of the issues that confront us?
Let us first look at the “Broadcast Media,” both radio and television. We have in our free television and cable marketplaces — ABC, CBC, CBS, CNN, C-Span, NBC, PBS and FOX as major news networks. We have in our radio marketplace a myriad of radio stations owned or affiliated with these major news networks, NPR, and what is called “Talk Radio.” Surely We the People can from these, by changing the channel or station, find a news organization whom we feel is reporting the truth or which, at least, supports and agrees with our views. Whether our individual bent is Liberal, Progressive or Conservative, there is a channel or station for us to select — AS WE CHOOSE! This is supported by the frequent polls that state how large or small a percentage of viewers and listeners these several networks have. All channels or stations have some viewers or listeners and no channel or station has all viewers or listeners because We the People are exercising our Constitutionally guaranteed FREEDOM to view and listen to the “Free Speech” we desire to see and hear. Consequently by virtue of the First Amendment, neither the Congress nor the President have ANY authority to interfere with We the People’s selection, in fact, they are expressly PROHIBITED from controlling our selection in any form!!
Now let us look at the “Print Media,” both newspapers / news magazines and the Internet which is the “electronic print media.” Again we have a plethora of choices — the major news networks listed previously, the AP, Reuthers, the BBC, CFP, UPI, WSJ, USA Today, Congressional Quarterly, Newsweek, Time, US News and World Report, Drudge Report, etc, etc, etc. Surely We the People can subscribe, purchase or access on-line from these to find a news organization whom we feel is reporting the truth or which, at least, supports and agrees with our views. Whatever our ilk or individual bent be it Liberal, Progressive or Conservative, there is on paper or on the Internet print media from which to select — AS WE CHOOSE! All of these outlets have some readers and no particular outlet has all readers because We the People are exercising our Constitutionally guaranteed FREEDOM to read the “Free Speech” we desire to read.
We the People are keenly aware of the full spectrum of information that is available to us on the airways and in the paper and electronic print media. We are NOT ignorant. We do NOT need the Federal Government interfering with our available choices under ANY pretense. It is a violation of the Congressional and Presidential oaths of office “to protect and defend the Constitution” to interfere in these areas because it imposes limits on our First Amendment rights thereby “abridging the freedom of speech, or of the press” of We the People. It is also a violation of the Tenth Amendment which states: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” We the People have NOT granted this power to the Congress or the President as a matter of fact We the People have EXPRESSLY PROHIBITED such interference by the Federal Government. We have RESERVED it unto ourselves. Therefore ANY law enacted or executive order signed limiting We the People’s rights in these areas “abridging the freedom of speech, or of the press” would be unconstitutional.
Presently Chairman Rockefeller and Senator Snowe are proposing a Cybersecurity Bill in the Senate. This bill is a gross violation of freedom of the “electronic” press – the Internet. They may under the guise of National Defense grant power to the President to shut down the government’s servers, but the Constitution EXPRESSLY PROHIBITS them from interfering with the “electronic” press on private sector’s servers. Therefore if they choose to go forward with this Bill, it must protect our First Amendment rights. It must at a minimum:
- Create an inviolable wall of separation between government servers and private sector servers; such that, government data is NEVER stored on private sector servers and vice versa.
- A VERY SPECIFIC PROHIBITION of the Bill must state that neither the President nor any member of his staff has authority to shut down, curtail, suppress, or otherwise interfere with the Constitutionally guaranteed right of We the People’s access to the “electronic” press – the Internet – contained on the private sector’s servers.
- The forgoing provision must cover ANY and ALL situations including National Emergencies, real or perceived.
To illustrate why this is necessary, what would the world have known about Tiananmen Square or the aftermath of the resent Iranian presidential election without the Internet? We must jealously protect We the People’s FREEDOMS so that we do NOT become subjected to a tyrannical government as so many have in the past because these FREEDOMS were suppressed. We the People, each of us, must be eternally vigilant to prevent the democratic oligarchy, their minions, and their behind-the-scenes power brokers from imposing their Marxist-Leninist principles on us and changing our Constitutional Republic into a Welfare Socialist State. It is the Federal Government that is to be bound down with the chains of the Constitution NOT We the People.




