Unchallenged Orthodoxies
M. E. Boyd
5/6/2024
n a recent column, Ripe to Rot, Miss Constitution articulated her position that our culture is decomposing and some American tax-exempt Foundations are using their great fortunes to injure their own country. Nothing could support these conclusions more than the current concocted civil war being waged in the United States. Other casualties in the current cultural malaise are unchallenged orthodoxies regarding Constitutionally protected political rights.
Unchallenged Orthodoxy #1: Hate speech is not protected from government interference by the 1st Amendment to the United States Constitution and may be outlawed.
Not true. Hate speech that follows time, place, and manner restrictions IS Constitutionally protected political free speech.
It helps to know why the Constitution, as interpreted by the Supreme Court, allows restricted hate speech. The Founders felt that one person’s hatred is another person’s love. Neither are allowed to incite imminent violence, but are otherwise protected from government interference if their speech or protest is properly delivered. The definition of “government” is any entity that receives substantial taxpayer dollars. Today –
“I hate America” is Constitutionally protected if spoken or written within the rules.
Burning a United States flag is Constitutionally protected if burned within the rules.
“From the river to the sea” is Constitutionally protected if spoken or written within the rules.
“Long live Hamas” is Constitutionally protected if spoken or written within the rules.
“Radical Islam is a trash religion” is Constitutionally protected if spoken or written within the rules.
The rules require that the speech not be directed at a particular person, that it be spoken or written in a proper forum (public spaces for speech such as public squares or classrooms in public schools), and that it be delivered at a time, place, and manner consistent with relevant authority. If the rules are followed no government actor, nor any entity that claims to be private but accepts large amounts of taxpayer funds, can prohibit the speech and must protect the speaker.
In the current Israel-Palestine protests at colleges and universities nation-wide, even if the protests (a form of speech) are peaceful, none of the above-rules are being followed, so none of the speech or marches need be allowed. Leadership at public institutions supply the time, place, and manner restrictions that can be fully enforced. For example: Columbia University is a public institution relevant to “free speech and protest” under the 1st Amendment to the United States Constitution because Columbia accepts large amounts of public money. In spite of this, the University can require that protesters use a certain space at a certain time for a certain duration. That one does not like the speech or that the speech violates another part of our Rule of Law is irrelevant to Constitutional analysis. Truly private institutions can make and enforce any rules they wish. Miss Constitution hopes this is clear.
Unchallenged Orthodoxy #2: America is a country of immigrants.
Not true. America is a country of vetted immigrants. There are strict rules about who is eligible to enter the United States (title 8, USC, section 1182). An applicant might qualify in one respect but not another and not be allowed to enter. Assimilation into our unique Rule of Law requires much learning and many years. It takes 8-10 years to qualify unless an immediate emergency such as certain imminent political death or bondage. Once qualified, an applicant must renounce loyalty to another country and must pledge loyalty to the United States. This is the Oath new immigrants take:
“I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely, without any mental reservation or purpose of evasion; so help me God.”
Citizens who have taken this Oath would not be saying “death to America” or “death to Jews” as that would be violating the above Oath. Such pronouncements should disqualify any non-citizen from applying for citizenship and/or should trigger immediate deportation proceedings even if saying these things is within the rules and would be Constitutionally protected. What allows a non-citizen to speak and protest peacefully under our Constitution (the 14th Amendment) does not necessarily apply to qualification for citizenship. Miss Constitution hopes this is clear.
Unchallenged Orthodoxy #3: Citizens of the United States must accept global rules contradictory to our Constitution, tyranny by any minority, and insults to our national heritage and treasures.
Not true. Presidents either by Executive Order, through the Department of State, or other federal agencies, may not violate their Oath of Office to “preserve, protect, and defend” the United States Constitution by sublimating it to unconstitutional global mandates. If either Congress or the President wants to change the Supreme Positive Law of our Land each or both must go to We the People for such permission. No minority may impose physical harm or humiliation to others as a civil right.
Lastly, Americans do not have to tolerate insults to our Judeo-Christian heritage, to our Founding Documents, and to our Founding Father. Wrapping a statue of George Washington is Muslim apparel, denigrating him with ugly stickers and graffiti, and putting a Palestinian flag in his hand is not Constitutionally protected speech as it follows none of the rules for such speech. The university should have taken immediate steps to clean it up. Miss Constitution hopes this is clear.
In addition, Miss Constitution thinks the Board of Trustees and President of George Washington University in Washington, DC should be protecting the school’s namesake by providing guards 24/7 against harm to the symbol and hero of our nation. That they think they can’t or haven’t even considered it their duty to do so is Unchallenged Orthodoxy #4. The American people should make clear that this is one boundary-line violation, among many, that they simply will not tolerate.
