A Free Press

September 10, 2023 | 1st Amendment, Civil Liberties, Constitution, Founding Documents

by Nicholas Testaccio

“I have proved, sir, that not only some power is given in the constitution to restrain, and even to subject the press, but that it is a power totally unlimited; and may certainly annihilate the freedom of the press, and convert it from being the palladium of liberty to become an engine of imposition and tyranny. It is an easy step from restraining the press to making it place the worst actions of government in so favorable a light, that we may groan under tyranny and oppression without knowing from whence it comes.” –  Cincinnatus, no. 2, TO James Wilson, November 8, 1787

Arthur Lee, using the pseudonym Cincinnatus, wrote what he feared might become of the press if it did not hold some guarantee of a right to be free from government intervention. He was, like many of our Founders, an astute observer of history and what the record held. Government, that is to say men and women jealous of power, are apt to strike at every measure of liberty and the institutions that are held as safeguards against the designs of the tyrant.

The Bill of Rights begins “Congress shall make no law respecting *** the freedom of speech, or of the press”. Despite his fear of a corruption made of the press without some protection, and contrary to Mr. Wilson’s assurance that congress lacked any power to influence or control the press, we are now subject to an institution void of conscience, and a willing conspirator to the worst of men. Those, sometimes faceless bureaucrats or worse still, those we elect to represent our interests in the halls of the legislatures.  

Lee wanted, as did many others, a written assurance against the reaches of government to perform as so many others had in the past. Wilson noted that the law written as it was, gave no power to the state to make any encroachments on the press. Regardless of the lessons of history and the protection sought against the contrivances of power seekers, we have been witness to a press willing to collude with those in such positions that they may lend a hand in the subjugation of the people.

“Fake news” is a term to which we were introduced by former president Donald Trump in his run-up to the White House, and then again during his presidency. There would be a long list, far too long for this column, to enumerate. The corporate media made a display of lies and propaganda that would make German propagandist Joseph Goebbels proud. Obvious lies, distortion, and failure to correct mistakes and disinformation are legion. Today they continue along the path of either thinking they are legitimate, or they are an instrument for the destruction of this Republic.

The common man neither has the time, nor the resources to investigate and corroborate what comes from the corporate press. Instead, for the most part, the average citizen takes as fact the distortions that come out of institutions that were meant to be a check on government. I must wonder why it is that the continuation of lies spewed out from the corporate media, still a majority of the population takes for granted that what they read in the New York Times, or regurgitated from CNN to MSMBC is taken as trusted sources of information.

Repeatedly, false claims, such as Russian interference in the 2016 election, the corporate media played along with the lies that were common out of the mouths of people such as Adam Schiff, and Hilary Clinton. In the face of the Mueller report, the corporate media played along by failing to admit that they promoted propaganda in order to assist in the aversion to revealing the truth. A twist here, a coverup there, a lie designed to obfuscate, and the truth vanishes into the ether.

Accuse your opponent of the crimes you’ve committed, and the falsehoods become part of the mindset that distorts reality. The “free press” is quite adept at concealing the truth if they believe  it will help their side.

What we should do is examine the facts around Georgia, and Michigan for some insight as to the corruption that is rampant throughout the corporate media.

Let’s start with the false narrative that Trump brought Sixty suits to the courts that were dismissed. Trump brought one election contest, and that case revolved around the Georgia election. All the other cases were ancillary and brought by others attempting to find the truth. Trump’s election contest was never heard.

Georgia law is, that if you file an election contest, a court must be assigned, and within five days set a hearing, and within ten days hold that hearing. Georgia violated its own law by not setting a hearing, and then negating a chance for a hearing to be held. It set the hearing date after January 6^th, which made it moot at that point. The claim was therefore dismissed.

Trump filed an appeal stating that Fulton County would not abide by the rules for an election contest. The Georgia supreme court essentially avoided the issue by referring it to the court of appeals that never did anything about taking up the claims. A brief summary of the election contest asked what amounted to constitutional questions, such as were there only constitutionally qualified people who voted; were there only constitutionally qualified ballots that were correctly cast; and were the ballots canvassed in a constitutionally qualified manner? I should point out that the state legislature is the authority in creating the law surrounding the presidential election, and the questions posed in the Trump election contest were based on what Georgia law required.

Trump lawyers presented over Four-Hundred sworn affidavits in support of that election contest. It was backed up by details, data, and documents. For instance, there were some Ten-Thousand people who were dead before their ballots were sent in. To put a frightening point on this, Mark Meadows is now under indictment for requesting that Georgia show and publish the data that was sought in the complaint.

Simply remember that if you continually count illegitimate votes, the outcome will be the same. It is akin to “doing the same thing over and over again and expecting different results”.

Now we have been told of the evidence from Michigan that was turned over to Bill Barr, who shelved the information he received. With the story uncovered that the evidence was hidden, we see the media and all those who claimed no fraud, going hard against Trumps claims. You can find numerous articles debunking claims of fraud, but you would be hard pressed to find an article that explains and highlights that facts were supplied to Bill Barr, and that Barr hid the evidence. That real fraud took place, and the corporate media is suppressing the information to maintain the status quo.

There have been attempts to quell the licentiousness of the press. In 1798, “The Alien and Sedition Act” was passed by congress, with then President John Adams supporting the measure, and vice-president Thomas Jefferson arguing in opposition. The intent of the act was created as a means by which to suppress that of a political rival.

Arguing against the act in the Virginia Resolutions, it is stated that “To punish all malicious calumnies against an individual with an intent to defame him, is a wrong on the part of the calumniator, and an injury to the individual, for which the laws afford redress. To write or print these calumnies is such an aggravation of the crime, as to constitute an offence against the government, and the author of the libel is subject to the additional punishment which may be inflicted under an indictment. To publish malicious calumnies against government itself, is a wrong on the part of the calumniator, and an injury to all those who have an interest in the government. Those who have this interest and have sustained the injury, have the natural right to an adequate remedy. The people of the United States have a common interest in their government, and sustain in common the injury which affects that government. The people of the United States therefore have a right to the remedy for that injury, and are substantially the party seeking redress.”

While the acts were repealed when Jefferson came to office, they nonetheless give us points to consider. Currently, the party in power is doing all it can to suppress political opposition. Indeed, there have been both civil and criminal charges against former president Trump, and numerous others who have not only been advisors, but also those who are counsels.

Every indictment has its flaws, to the point of absurdity, but more importantly they violate the most fundamental of our rights. The Sixth Amendment reads, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed…” The question has already been posed as to why a grand jury in the District of Columbia, a district composed of supporters of the democratic party, has been employed in the indictment for a case outside its jurisdiction. The answer is obvious.

Further to the affront that “endanger[s] the peace, and threaten[s] the tranquility of the American people” is a corporate press that continually validates the need for some remedy from its constant violations of sanguinity. “We the People” are entitled to nothing less than truth and transparency.

The corporate press is a conspiracy of obfuscation and deception. It claims immunity from its most callus publications designed to inflame that, which the populace can find no respite. Indeed, obvious lies on the part of the “trusted source” remains in the public center as the truth rather than the blatant propaganda it is in fact.

Former president Clinton kept records that were deemed to be sensitive and classified after leaving office. He refused, and this is a matter of record, to return the documents. Judicial Watch, well known for its dogged attempts at seeking the truth, sued because of Clinton’s refusal to return said documents. However, the courts ruled, and the DOJ concurred that the president is the ultimate authority of classification. This makes the issue stare decisis;a settled matter; precedent. Yet, illegitimate action has been taken against the former president, and the corporate media continues to promote outright abuses by those who reside in agencies that are of questionable constitutional validity.

We are at a juncture. We can come forward and press for our rights, our privileges, and our constitutional authority. The Framers of the Constitution were foresighted enough to place the ultimate power of the “Sword” in the hands of the People. That is to say, “We” did so by the ratification of that document. What we have failed to do, over the years, is to enforce it as it was written. As I have noted, so many times before, we have abdicated our powers, and have acquiesced to those seeking powers never entrusted to them. In modern vernacular, “We dropped the ball”.

How could we be so foolish as to trust those who have continually shown their willingness to deceive, and promote their personal agenda? How can we be so frivolous as to continue to vote for those who repeatedly lie, and then collude to destroy the principles of this Republic?

“The Fourth Estate” as it has been labeled, has become a propaganda tool, spewing out misinformation on a daily basis, never rectifying the falsehoods it promotes, and never being duly punished for its libels and deceit.

I am a firm believer in “freedom of speech, or of the press”. These things, along with the right to “redress” is essential, some consider them as a palladium of a free Republic, but how does this work if the press is corrupt, and the courts live in fear of agenda, rather than the fear that they have violated the authority of the Constitution, and the rights of the People whom they serve?

We will not rest easy as our children are forced to suffer the burdens that we imposed by our ambivalence and ignorance.

This nation was founded on principles that recognized a government “of, by, and for the people”. We have not only abandoned those principles, but we’ve also sought, at every turn, to diminish and destroy the freedom and liberty so precious to our own security.