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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsWow - TPM. "Priebus: Trump Considering Amending or Abolishing 1st Amendment"
http://talkingpointsmemo.com/edblog/priebus-trump-considering-amending-or-abolishing-1st-amendmentBy JOSH MARSHALL Published APRIL 30, 2017 3:41 PM
A number of press reports have picked up this exchange this morning between ABCs Jonathan Karl and White House Chief of Staff Reince Priebus. But people have missed the real significance. Priebus doesnt discuss changing press laws or libel laws. He specifically says that the White House has considered and continues to consider amending or even abolishing the 1st Amendment because of critical press coverage of President Trump.
Sound hyperbolic? Look at the actual exchange (emphasis added)
KARL: I want to ask you about two things the President has said on related issues. First of all, there was what he said about opening up the libel laws. Tweeting the failing New York Times has disgraced the media world. Gotten me wrong for two solid years. Change the libel laws? That would require, as I understand it, a constitutional amendment. Is he really going to pursue that? Is that something he wants to pursue?
PRIEBUS: I think its something that weve looked at. How that gets executed or whether that goes anywhere is a different story. But when you have articles out there that have no basis or fact and were sitting here on 24/7 cable companies writing stories about constant contacts with Russia and all these other matters
KARL: So you think the President should be able to sue the New York Times for stories he doesnt like?
PRIEBUS: Heres what I think. I think that newspapers and news agencies need to be more responsible with how they report the news. I am so tired.
KARL: I dont think anybody would disagree with that. Its about whether or not the President should have a right to sue them.
PRIEBUS: And I already answered the question. I said this is something that is being looked at. But its something that as far as how it gets executed, where we go with it, thats another issue.
Karl says, accurately, that that kind of clampdown on 1st Amendment rights would require amending the Constitution. Is that what Priebus means, Karl asks? Yes, it is, says Priebus.
Now one might respond to this saying, Okay, technically thats what he said. But he probably doesnt actually mean it.
To which I think the answer is, sure maybe he doesnt mean but why would anyone assume that? He said it and repeated it. The changes President Trump wants are blocked by decades of decades of jurisprudence which is little contested, unlike other hot button points of constitutional law. If you want what Trump wants, you have to amend the constitution and not the constitution in general but the 1st Amendment specifically. Amending the 1st Amendment to allow the head of state to sue people who say things he doesnt like amounts to abolishing it.
None of these are tenuous connections. Each link in the chain of reasoning follows logically from the other.
This, needless to say, should set off everyones alarm bells. If this isnt really what Priebus meant, he should be given the chance to categorically disavow it. The plain meaning of the words, on the record, is that abridging or abolishing the 1st Amendment is something the Trump White House is currently considering.
Big deal.
oberliner
(58,724 posts)And articles like this are not helpful.
NRaleighLiberal
(60,014 posts)it is thus posted.
oberliner
(58,724 posts)I just think what the Trump people say is bad enough without trying to make it sound worse, as he does here with this headline.
Miles Archer
(18,837 posts)oberliner
(58,724 posts)And it's disingenuous to claim otherwise.
Miles Archer
(18,837 posts)I know he didn't say it. Neither did I. Case closed.
oberliner
(58,724 posts)I meant to reiterate that TPM's headline and article were disingenuous (not that you are).
I appreciate you sharing the clip so people can view it for themselves if they so choose.
kentuck
(111,098 posts)is what I heard.
oberliner
(58,724 posts)Whatever that means.
What he doesn't mention is looking at abolishing the First Amendment (which obviously involves a lot more than libel laws).
Anyway, it's just part of the whole "the press is unfair against me" schtick that Trump and company like to use to their rhetorical advantage among his fans.
sharedvalues
(6,916 posts)Direct question was about a constitutional amendment.
Really, this is quite cut-and-dried.
oberliner
(58,724 posts)He's wrong.
Libel laws are set by the states.
RP gives the "We're looking at it" non-response, and then pivots to complaining about unfair press coverage of Trump.
There is no indication from this interview that "Trump is considering abolishing the First Amendment".
Let's stick with the real stuff.
sharedvalues
(6,916 posts)Fair enough on libel laws.
But the First Amendment restricts how much libel laws can restrain speech. And that makes libel law a deeply federal constitutional topic. Most libel law is carefully constrained by SCOTUS, because of the first amendment.
See
http://plaza.ufl.edu/bshields/caselaw.html
oberliner
(58,724 posts)I guess my argument is just that there are many very seriously messed up things that Trump and his minions have actually said (and done), that I hate for them to get lost among the things he or his minions might have sort of implied. You know what I mean?
sharedvalues
(6,916 posts)Yup. I see callous disregard for the Constitution in what Priebus said, though there are certainly a lot of things to be worried about - many that are more immediately pressing. Have a good evening-
louis-t
(23,295 posts)Need a grunt smilie.
oberliner
(58,724 posts)Along with a little poke at the rest of us.
sharedvalues
(6,916 posts)This is scary stuff. TPM is right to make a big deal of it.
Pence was asked if he was talking about a constitutional amendment! And he said it was being evaluated.
That is a Big. Deal.
The first amendment is a cornerstone of our democracy.
oberliner
(58,724 posts)In fact, he never mentions the First Amendment.
Also, it's not Pence.
sharedvalues
(6,916 posts)If you keep denying facts.
Change the libel laws? That would require, as I understand it, a constitutional amendment. Is he really going to pursue that? Is that something he wants to pursue?
PRIEBUS: I think its something that weve looked at. How that gets executed or whether that goes anywhere is a different story.
oberliner
(58,724 posts)There is nothing in the First Amendment involving libel.
Libel is governed by state laws.
sharedvalues
(6,916 posts)Priebus said what he said, in direct response to a question about a constitutional amendment. The interviewer asked about "changing libel laws" in a way that would require a constitutional amendment. That means the changed law would be about free speech - a federal Constitutional question.
oberliner
(58,724 posts)As evidenced by that exchange.
sharedvalues
(6,916 posts)But you're projecting your understanding onto them.
Clearly the libel laws could be changed to run afoul of the first amendment. Priebus, if he cared about freedom of the press, would have expressed such a sentiment. He declined.
"The majority of the Supreme Court did not go as far as Justice Black would have liked. Instead, the Court staked out a middle ground and ruled that there must be a proper accommodation between protecting reputations and ensuring breathing space for First Amendment freedoms. If the press could be punished for every error, a chilling effect would freeze publications on any controversial subject.
The jury awarded Sullivan $500,000. After this award was upheld by the Alabama appellate courts, The New York Times appealed to the U.S. Supreme Court. The high court reversed, finding that the law applied by the Alabama courts is constitutionally deficient for failure to provide the safeguards for freedom of speech and of the press that are required by the First and Fourteenth Amendments in a libel action brought by a public official against critics of his official conduct.
For the first time, the Supreme Court ruled that libel can claim no talismanic immunity from constitutional limitations, but must be measured by standards that satisfy the First Amendment. In oft-cited language, the high court wrote:
Thus, we consider this case against the background of a profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open, and that it may well include vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials.
kerry-is-my-prez
(8,133 posts)kcr
(15,317 posts)The things Priebus said during that interview show clearly that they see the 1st as a roadblock to their goals. And as been said before, his statements were affirmative responses to very direct questions. They aren't so stupid that they're going to use the word abolish, which is why such pedantic nitpicking is only playing their side for them. They can nod their heads, yep! Didn't say we're going to do that! While all the while that's exactly what they're planning to do. Trump wants to be able to successfully sue anyone who said something he didn't like. That is tantamount to abolishing the 1st Amendment.
sharedvalues
(6,916 posts)"That would require, as I understand it, a constitutional amendment. Is he really going to pursue that? Is that something he wants to pursue?
PRIEBUS: I think its something that weve looked at. How that [constitutional amendment] gets executed or whether that goes anywhere is a different story."
That is a huge deal.
Priebus could have said "no". He chose not to. Marshall is right.
oberliner
(58,724 posts)It is BS for this source to claim that he said they are considering abolishing the First Amendment.
sharedvalues
(6,916 posts)We are lucky the interviewer asked such a good question and let Priebus hang himself.
cstanleytech
(26,293 posts)Why? Because it literally takes years to amend the constitution and thats assuming he could even get the votes for it as any politician in office that had hopes of running for another term or for some other office that agrees with amending (which isnt abolishing) the first amendment would be well advised to start looking for another job for when the voters kick them out.
Now if they tried to actually abolish it and not amend it then any politician in office that supports it had best start running before they are tar and feathered.
kcr
(15,317 posts)Aristus
(66,380 posts)He's never going to get 2/3rds of the Federal legislature to pass it and 2/3's of the states to ratify it.
He's talking out his ass again, which is why it stinks so bad...
rug
(82,333 posts)An amendment can be proposed by 2/3 of Congress or by 2/3 of states who have called a constitutional convention.
Either way, 3/4 of the states are required to ratify the amendment so proposed.
I was going from memory. Bedly it turns out...
onecaliberal
(32,861 posts)TheBlackAdder
(28,205 posts)Warren DeMontague
(80,708 posts)Any attempt to minimize or fuck with it whatsoever needs to be taken seriously.
Initech
(100,079 posts)The left wing media has as much of a right to exist as the right wing media does. And I think the sooner these fucking assholes realize this the better.
greatauntoftriplets
(175,742 posts)It'd require adoption of a constitutional amendment, no matter what anyone in the drumpf maladministration says. Drumpf would likely be out of office before this could be accomplished. Plus, I doubt that the required percentage of state would supposed it.
George II
(67,782 posts)brendacoupons
(15 posts)greatauntoftriplets
(175,742 posts)George II
(67,782 posts)greatauntoftriplets
(175,742 posts)brendacoupons
(15 posts)The President, no President can abolish or amend ANY amendment or any part of the Constitution.
Their words as spoken are bad enough; I don't know what some insist on exaggerating what is actually said.
Not aimed at the OP, but rather at TPM.
sharedvalues
(6,916 posts)brendacoupons
(15 posts)sharedvalues
(6,916 posts)This is as clear as it gets. TPM is right.
brendacoupons
(15 posts)where was the word "abolishing" used?
George II
(67,782 posts)....restricting the Second Amendment?
greatauntoftriplets
(175,742 posts)BigmanPigman
(51,608 posts)he acts like he has been unofficially doing so for 100 days on far.
Gothmog
(145,291 posts)FloridaBlues
(4,008 posts)NastyRiffraff
(12,448 posts)And all of the Bill of Rights except of course the 2nd Amendment. It won't happen, but I think Priebus was trying to say that without, you know, really saying it. Priebus, of not Dump, knows that there would be an immediate outcry if he said Dump wants to abolish the 1st Amendment. "Looking at" changing the libel laws sounds less threatening.
Dump has repeatedly attacked the media, even calling them an enemy of the people. If he could abolish freedom of the press, he would. I wonder if anyone has told him what that would require. I'd be amazed if he knew.
malaise
(269,026 posts)He will learn
Impeach this treasonous scumbag
bucolic_frolic
(43,173 posts)if they take more states in 2018
They're already working on voter suppression as we all know, and purges,
and restrictions
blueinredohio
(6,797 posts)trying to get that accomplished. I don't remember how many states to go but it's not many then we will all be pawns for the rich because that's who will make the changes.
bucolic_frolic
(43,173 posts)reveals to me cycles of enlightenment, perhaps a monarch or stern leader,
oppression, rebellion. Just plot the big events beginning with about 1400 ...
Renaissance, Revolutions - Glorious, American, French, 1848, Italian,
Russian - they have a lot in common, people fighting for their land and
livelihood. Irish Rebellions. Even on this continent, the Civil War, the French
fleeing Lower Canada and migrating to the US.
The rich grab money, power, assets, the poor rebel or flee. A new
governmental organization emerges.
pansypoo53219
(20,978 posts)onenote
(42,706 posts)Trump can't abolish or amend the First Amendment. There's a process for amending the Constitution and the president's role in it is negligible.
Hyperbole on the part of Josh Marshall. Pure and simple.
Girard442
(6,075 posts)SCOTUS (the one with Antonin Scalia) de facto erased the "well regulated militia" phrase from the Second Amendment. A sufficently right-wing SCOTUS could simply declare that 1A does not allow anyone to say nasty things about the President and that would be that.
onenote
(42,706 posts)Yes, the Supreme Court could reinterpret the Constitution. But that's not what Priebus was suggesting.
BTW - the Court that ruled that the First Amendment protected Phelps in Snyder v. Phelps (with Roberts, Scalia, Kennedy, and Thomas joining Ginsberg, Sotomayor, Kagan, Breyer (concurring)) isn't going to rewrite New York Times v. Sullivan.
sharedvalues
(6,916 posts)Guys,
When you are asked if your goal is to change the First Amendment , the correct answer is "No."
Don't say you're evaluating that change.
onenote
(42,706 posts)sharedvalues
(6,916 posts)What more do you want? TPM is right - big deal.
If Priebus had said
"No"
Or
"Changing the first amendment would require amending the Constitution so we are looking at federal law"
In these cases you would have a point. In the present case this is a big deal.
sinkingfeeling
(51,457 posts)ancianita
(36,060 posts)not in keeping with his oath of office, which is to "protect and defend the Constitution," then this conversation is distraction, fluff, and Marshall is making a mountain out of a he-said/she-said mole hill.
To keep readers on edge or set off their alarm bells over potential wrongdoing isn't good journalism.
Painting the president as stupid, malevolent and crazy is beating a dead horse.
TPM needs to focus on the military's and FBI's movements.
sharedvalues
(6,916 posts)Interview asked about a constitutional amendment.
Priebus responded "they" were looking at that.
That's as cut-and-dried as you get.
Now, Priebus may later backtrack. But he was talking about a constitutional amendment, on free speech. That would be the First Amendment.
ancianita
(36,060 posts)This TPM piece is not about a runaway train coming down the track that we need to be warned about.
This is Priebus keeping Karl climbing up Bullshit Mountain while Karl forgets how far from actuating any explicit desires this president and his chief of staff have been after 100 days.
sharedvalues
(6,916 posts)If they can't defend the First Amendment, the cornerstone of our Constitution and the American experiment, where will they stop????
Down that road lies tyranny. The First Amendment requires a line in the sand.
tapermaker
(244 posts)with my second amendment tucked under my arm . fuck it !I am an old man and don't have much to loose.
mopinko
(70,113 posts)y'all think there is resistance NOW?
keep talkin asshole.
irisblue
(32,980 posts)Yo_Mama_Been_Loggin
(108,010 posts)The stupid is strong with the GOP.
democratisphere
(17,235 posts)"We the People" would NEVER EVER allow it! PERIOD!!!!
Initech
(100,079 posts)democratisphere
(17,235 posts)Initech
(100,079 posts)Fuck the GOP if they even attempt to do this.
RobinA
(9,893 posts)keep falling for this bait? "Is looking at," "Has discussed," "might consider thinking about discussing," it's all distraction BS that sucks up energy and makes us look hysterical. This one in particular is so transparent you could grind a fine lens out of it. It should be ignored. Let's stick with what they ARE doing or at least what they are close to trying to do. And this goes for their periodic announcements that a new Obamacare repeal may be in the works sometime after next January.
CanonRay
(14,103 posts)Russia, Russia, Russia. Forget all this horse shit thetford spew
oldcynic
(385 posts)Our disintegrating government is in control of a megalomaniac president, his fascist cohort, fascist congress, fascist supreme court, mercenary army, militarized police, fundamentalist religion and a heavily armed racist mob. Together, they will do whatever they can get away with unless stopped by any means necessary.
Just skimming the news, lately one can find repeated references to changing the constitution, nationally and locally. That has always been the goal of the right wing. If you think it cannot happen here, think again. We are all in very real danger.