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The group blog of The American Prospect

AN AMENDMENT THAT ISN'T IN THE CONSTITUTION.

Palin, the bright, shining avatar of the right wing id, explains their position on the First Amendment:

If [the media] convince enough voters that that is negative campaigning, for me to call Barack Obama out on his associations," Palin told host Chris Plante, "then I don't know what the future of our country would be in terms of First Amendment rights and our ability to ask questions without fear of attacks by the mainstream media."

This understanding of the First Amendment, not as freedom of speech, but as freedom of speech limited to me and those who share my political views, coupled with a freedom from criticism of those views, is the most frightening interpretation of the Constitution I've ever heard in my life. Those "attacks" from the MSM are protected under the Constitution, Palin's "right" to be "free" from such "attacks" (read: critical coverage) is most definitely not.

But this bizarre interpretation is at the core of the right's complaints about unfavorable media coverage. Rush Limbaugh typically invokes this "understanding" of the First Amendment when criticizing groups like Media Matters, accusing them of being "Stalinist" for recording his nationally broadcast programming and calling him out on inaccuracies or flagrant bigotries. In Limbaugh and Palin's minds, the First Amendment protects not only their speech but shields any criticism of said speech.

And as Ben Smith points out, the First Amendment exists to protect people from government, not the other way around, which is what makes Palin's interpretation of the Constitution so deeply alarming. Imagine how an administration that believes the First Amendment protects political leaders from criticism would govern.

Barack Obama rightfully believes that the original Constitution was flawed. Palin on the other hand, doesn't seem to have actually read it. At all.

--A. Serwer



COMMENTS

Sarah Palin has demonstrated a profound lack of understanding of the basic tenets of the U.S. Constitution.
According to ABC News ( http://blogs.abcnews.com/politicalradar/2008/10/palin-fears-med.html ):
“In a conservative radio interview that aired in Washington, D.C. Friday morning, Republican vice presidential nominee Gov. Sarah Palin said she fears her First Amendment rights may be threatened by "attacks" from reporters who suggest she is engaging in a negative campaign against Barack Obama.
Palin told WMAL-AM that her criticism of Obama's associations, like those with 1960s radical Bill Ayers and the Rev. Jeremiah Wright, should not be considered negative attacks. Rather, for reporters or columnists to suggest that it is going negative may constitute an attack that threatens a candidate's free speech rights under the Constitution, Palin said. (My emphasis)

The First Amendment states that “Congress shall make no law … abridging the freedom of speech …” Subsequently, the Fourteenth Amendment held that “ … No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States …,” thus prohibiting the states from enacting laws that would, among other things, abridge one’s First Amendment right to freedom of speech.

It is impossible for a private citizen to deprive another private citizen of his or her constitutional right to free speech. The First and Fourteenth Amendments only relate to laws enacted by governments that do so.

The GOP vice-presidential candidate lacks even a rudimentary understanding of the Constitution that she would swear to “uphold and protect” if elected next Tuesday. Palin’s gaffe does not relate to obscure provisions of our Constitution, but rather to our Bill of Rights. Immigrants must demonstrate an understanding of Constitution before being granted U.S. citizenship, but we have no similar test for persons seeking the second highest office of the land.
In my view, the media has not been hard enough on Palin’s profound incompetence and McCain’s reckless lack of judgment in choosing her as his running mate.

"Alarming"? Calm down. It's just another example of Palin doing her "victim" schtick. It will, of course, play well with her constituency, which likewise cherishes its sense of victimhood. But in both cases, "victimhood" is just another word for "marginalization." They're complaining because nobody takes them as seriously as they take themselves. That could be alarming if they had a real chance to gain actual power, but we're 3 1/2 days out and they're still 6 points behind according to the poll aggregators. That being the case, it isn't "alarming"; it's "pathetic."

A couple of times, we've had laws that made it more-or-less illegal to critize elected officials. The Alien and Sedition Acts in the early 1800s, and some laws that I can remember the names of around WWII. And before we decided that the Bill or Rights applied to state laws, there were a bunch of states with laws that limited criticism of public officials.

So Palin is just being a good conserviative, looking back to the golden age.

When correctly viewed, down is up.

Assuming the GOP loses this time, McCain and Palin will be decoupled permanently. Without Big Daddy's minions to form a protective cordon around her, Palin will have to pursue any future political plans solo. Press conferences will be a must, and then she'll have to account for all these ridiculous things. Her so-called charisma might serve her well with the wingnuts, but that's about it. My guess is she's headed Quayleward.

I wonder if Palin overheard some of the current conservative hysteria about the possibility of bringing back the Fairness Doctrine, and was feeding it back in garbled form.

I mean, I realize the woman is so scatter brained and inarticulate that anything is possible, but I still find it hard to believe that a candidate for the vice presidency of the United States could seriously think that the First Amendment protects her from being criticized by the press.

My, Sarah does wear out the victim card. This brings up the interesting question, though, of whether it would be reasonable for all candidates for public office to demonstrate a basic understanding of the Bill of Rights. At the very least, they should indicate knowledge that criticizing them is not unconstitutional. Maybe for the benefit of those who share Palin's beliefs, there could be a Wingnut Party whose members are never criticized in any way but are not allowed to appear on any national ballot.

My, Sarah does wear out the victim card. This brings up the interesting question, though, of whether it would be reasonable for all candidates for public office to demonstrate a basic understanding of the Bill of Rights. At the very least, they should indicate knowledge that criticizing them is not unconstitutional. Maybe for the benefit of those who share Palin's beliefs, there could be a Wingnut Party whose members are never criticized in any way but are not allowed to appear on any national ballot.

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