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RR's avatar

My favorite analysis of the death of the First Amendment comes from Alexis de Tocqueville in 1835:

"I know no country in which there is so little true independence of mind and freedom of discussion as in America...

...In America the majority raises very formidable barriers to the liberty of opinion: within these barriers an author may write whatever he pleases, but he will repent it if he ever steps beyond them. Not that he is exposed to the terrors of an auto-da-fe [1], but he is tormented by the slights and persecutions of daily obloquy. His political career is closed forever, since he has offended the only authority which is able to promote his success. Every sort of compensation, even that of celebrity, is refused to him. Before he published his opinions he imagined that he held them in common with many others; but no sooner has he declared them openly than he is loudly censured by his overbearing opponents, whilst those who think without having the courage to speak, like him, abandon him in silence. He yields at length, oppressed by the daily efforts he has been making, and he subsides into silence, as if he was tormented by remorse for having spoken the truth.

...Under the absolute sway of an individual despot the body was attacked in order to subdue the soul, and the soul escaped the blows which were directed against it and rose superior to the attempt; but such is not the course adopted by tyranny in democratic republics; there the body is left free, and the soul is enslaved."

- Alexis De Tocqueville, Democracy in America, 1835, pp292-3 original Henry Reeve translation, PSU, http://seas3.elte.hu/coursematerial/LojkoMiklos/Alexis-de-Tocqueville-Democracy-in-America.pdf. With exquisite irony, all or most of this material has been edited out of every print edition I’ve ever seen... Note I found this on a *Hungarian* web site! :)

[1] note: "auto-da-fe" is de Tocqueville's contemporary but now-anachronistic term for being burned at the stake for the crime of heresy. The modern term, of course, is “cancel culture”, but the concept dates back at least as far as Athenian ostracism law and prosecutions of dangerous deviants such as Socrates.

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Jean-Luc Szpakowski's avatar

That was always the problem with the pandemic era disinformation campaigns under Biden, which included the short lived proposed disinformation agency under the Hillary hack Nina Jankowitz: who decides whjat is disinformation? The same goes for the Biden era attacks on pro-Palestinians and searches of those opposing the US role in Ukrine (see the withdrawal of passport from Scott Ritter and Judge Napolitano). This was so obvious that it speaks to the entire Biden administration's dementia that they could not fathom that they were settting a precedent, what is good for the goose is good for the gander. All those Obama executive decrees, they all set up precedent for Trump's expansion of their use.

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