(DCNF)—When James Madison was a member of Congress in 1791 and charged with drafting the Bill of Rights, he made two grammatical demands. One was that the word “the” precede “freedom of speech” in the First Amendment, and the other was a command in the Ninth Amendment that the “rights retained by the people,” rights too numerous to enumerate, “shall not be disparaged” by the government.
This principle–that our rights preexisted the government–would be played out over and over in litigation in the centuries following the ratification of the Bill of Rights.
The ratification itself was insisted upon by five of the new states who threatened to leave the new union unless restraints were added to the Constitution so as to protect the individual liberties that the Declaration of Independence–then only 15 years old–stated unambiguously were granted by the Creator.
Though the colonists deeply valued all the rights articulated in the Declaration, truly it was the freedom of speech that drove the revolution. Yes, the Americans had Kentucky long guns that enabled the colonial militias to shoot and kill British forces from distances that the British weaponry was unable to reach. Yes, the Americans were animated by defending their homeland.
But it was speech–sung in taverns, written in broadsides, delivered in sermons, distributed in pamphlets, adopted by the Continental Congress and colonial legislatures, and proclaimed in town squares from Boston to Charleston–that whipped the brushfires of freedom into a revolution and a new nation.
I offer this brief historical, philosophical and legal analysis of the freedom of speech as background for the discussion that follows.
Today, this most basic and utterly essential freedom–both a natural human right and a constitutionally protected right–is under assault by governments that hate or fear the content of the speech. I am addressing the demonstrations on college campuses today and the authoritarian responses to them by college presidents, governors and mayors.
Here is the dispute in a nutshell.
Students at various universities are repulsed by the gravity of the assault on Gaza by the IDF. They have chosen to address this assault and not the assault on Israeli civilians and military on Oct. 7. They are free to address whichever assault they choose.
They have also chosen to articulate their views by occupying public places on campuses; shouting, singing and haranguing college administrators. The administrators, fearing a loss of donations from those who disagree with the students or harm to other students who challenge the demonstrators, have engaged local and state police to suppress these demonstrations.
Can the government interfere with speech because of its content? In a word: No.
How about on private property where campuses are not owned by the government? That depends on the location of the campus, as most states–but not all–have public accommodation laws that make college campuses public places available for the articulation of ideas. Even the colleges in states without these laws that accept federal funds do so in contracts with the federal government, which require that they respect free-speech rights.
These public accommodation laws and these agreements with the feds are violative of the property rights of the owners of these colleges. Yet, like free speech, property rights, too, are under attack in America today.
Nevertheless, today it is clear beyond dispute that college campuses are places for the free exchange of ideas, whether these ideas are approved by the owners of the campuses or not.
Is speech that preaches hate and threatens violence protected on college campuses? In a word: Yes.
In Terminiello v. Chicago (1949), a Roman Catholic priest aimed hatred at President Harry Truman and the hate speech produced violence and property damage. In Brandenburg v. Ohio (1969), a Ku Klux Klan leader aimed hatred at Blacks and Jews. In Terminiello, the violence was caused by the audience members who hated the speech they came to scorn. In Brandenburg, the KKK speaker demanded violence, but it never came about.
The Supreme Court sided with both speakers. The jurisprudence from both cases is now integral to American law. It teaches that all innocuous speech is absolutely protected and all speech is innocuous when there is time for more speech to challenge it.
Moreover, the court ruled, freedom of speech is so essential to human happiness and democratic values that it tolerates violence; meaning, those who cause violence can and should be addressed by the criminal justice system, but those who preach it are immune from prosecution, unless they cause an immediate, unthinking violent act–meaning there is no time for more speech to challenge the call for violence.
In the case of college campuses, the violence has been caused by the government. Whether the property on which the demonstrators stand is owned by the government–like the University of Texas, where the governor sent in police on horseback to rough up peaceful demonstrators–or is privately owned like Columbia University, where the mayor sent in police to arrest peaceful students, is of no moment.
No moment because the students have an absolute right to think as they wish, to say what they think, to read what they want, to publish what they believe; and they can do this alone or in groups, quietly or profoundly–and they can do this with impunity. Anything short of leaving them alone involves the governmental evaluation of the content of speech, the very acts that the First Amendment was written to prevent.
Today, the government wants war, and the students want peace. In the bitter days of the 1960s, student demonstrators chased an incumbent president from reelection and chastised a newly elected one into a policy change over war. Today, the government seems determined to use force to prevent change and suppress freedom. If the British had done this successfully in the 1770s, we’d all be bowing to Charles III today.
To learn more about Judge Andrew Napolitano, visit https://JudgeNap.com.
The views and opinions expressed in this commentary are those of the author and do not reflect the official position of the Daily Caller News Foundation.
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Five Things New “Preppers” Forget When Getting Ready for Bad Times Ahead
The preparedness community is growing faster than it has in decades. Even during peak times such as Y2K, the economic downturn of 2008, and Covid, the vast majority of Americans made sure they had plenty of toilet paper but didn’t really stockpile anything else.
Things have changed. There’s a growing anxiety in this presidential election year that has prompted more Americans to get prepared for crazy events in the future. Some of it is being driven by fearmongers, but there are valid concerns with the economy, food supply, pharmaceuticals, the energy grid, and mass rioting that have pushed average Americans into “prepper” mode.
There are degrees of preparedness. One does not have to be a full-blown “doomsday prepper” living off-grid in a secure Montana bunker in order to be ahead of the curve. In many ways, preparedness isn’t about being able to perfectly handle every conceivable situation. It’s about being less dependent on government for as long as possible. Those who have proper “preps” will not be waiting for FEMA to distribute emergency supplies to the desperate masses.
Below are five things people new to preparedness (and sometimes even those with experience) often forget as they get ready. All five are common sense notions that do not rely on doomsday in order to be useful. It may be nice to own a tank during the apocalypse but there’s not much you can do with it until things get really crazy. The recommendations below can have places in the lives of average Americans whether doomsday comes or not.
Note: The information provided by this publication or any related communications is for informational purposes only and should not be considered as financial advice. We do not provide personalized investment, financial, or legal advice.
Secured Wealth
Whether in the bank or held in a retirement account, most Americans feel that their life’s savings is relatively secure. At least they did until the last couple of years when de-banking, geopolitical turmoil, and the threat of Central Bank Digital Currencies reared their ugly heads.
It behooves Americans to diversify their holdings. If there’s a triggering event or series of events that cripple the financial systems or devalue the U.S. Dollar, wealth can evaporate quickly. To hedge against potential turmoil, many Americans are looking in two directions: Crypto and physical precious metals.
There are huge advantages to cryptocurrencies, but there are also inherent risks because “virtual” money can become challenging to spend. Add in the push by central banks and governments to regulate or even replace cryptocurrencies with their own versions they control and the risks amplify. There’s nothing wrong with cryptocurrencies today but things can change rapidly.
As for physical precious metals, many Americans pay cash to keep plenty on hand in their safe. Rolling over or transferring retirement accounts into self-directed IRAs is also a popular option, but there are caveats. It can often take weeks or even months to get the gold and silver shipped if the owner chooses to close their account. This is why Genesis Gold Group stands out. Their relationship with the depositories allows for rapid closure and shipping, often in less than 10 days from the time the account holder makes their move. This can come in handy if things appear to be heading south.
Lots of Potable Water
One of the biggest shocks that hit new preppers is understanding how much potable water they need in order to survive. Experts claim one gallon of water per person per day is necessary. Even the most conservative estimates put it at over half-a-gallon. That means that for a family of four, they’ll need around 120 gallons of water to survive for a month if the taps turn off and the stores empty out.
Being near a fresh water source, whether it’s a river, lake, or well, is a best practice among experienced preppers. It’s necessary to have a water filter as well, even if the taps are still working. Many refuse to drink tap water even when there is no emergency. Berkey was our previous favorite but they’re under attack from regulators so the Alexapure systems are solid replacements.
For those in the city or away from fresh water sources, storage is the best option. This can be challenging because proper water storage containers take up a lot of room and are difficult to move if the need arises. For “bug in” situations, having a larger container that stores hundreds or even thousands of gallons is better than stacking 1-5 gallon containers. Unfortunately, they won’t be easily transportable and they can cost a lot to install.
Water is critical. If chaos erupts and water infrastructure is compromised, having a large backup supply can be lifesaving.
Pharmaceuticals and Medical Supplies
There are multiple threats specific to the medical supply chain. With Chinese and Indian imports accounting for over 90% of pharmaceutical ingredients in the United States, deteriorating relations could make it impossible to get the medicines and antibiotics many of us need.
Stocking up many prescription medications can be hard. Doctors generally do not like to prescribe large batches of drugs even if they are shelf-stable for extended periods of time. It is a best practice to ask your doctor if they can prescribe a larger amount. Today, some are sympathetic to concerns about pharmacies running out or becoming inaccessible. Tell them your concerns. It’s worth a shot. The worst they can do is say no.
If your doctor is unwilling to help you stock up on medicines, then Jase Medical is a good alternative. Through telehealth, they can prescribe daily meds or antibiotics that are shipped to your door. As proponents of medical freedom, they empathize with those who want to have enough medical supplies on hand in case things go wrong.
Energy Sources
The vast majority of Americans are locked into the grid. This has proven to be a massive liability when the grid goes down. Unfortunately, there are no inexpensive remedies.
Those living off-grid had to either spend a lot of money or effort (or both) to get their alternative energy sources like solar set up. For those who do not want to go so far, it’s still a best practice to have backup power sources. Diesel generators and portable solar panels are the two most popular, and while they’re not inexpensive they are not out of reach of most Americans who are concerned about being without power for extended periods of time.
Natural gas is another necessity for many, but that’s far more challenging to replace. Having alternatives for heating and cooking that can be powered if gas and electric grids go down is important. Have a backup for items that require power such as manual can openers. If you’re stuck eating canned foods for a while and all you have is an electric opener, you’ll have problems.
Don’t Forget the Protein
When most think about “prepping,” they think about their food supply. More Americans are turning to gardening and homesteading as ways to produce their own food. Others are working with local farmers and ranchers to purchase directly from the sources. This is a good idea whether doomsday comes or not, but it’s particularly important if the food supply chain is broken.
Most grocery stores have about one to two weeks worth of food, as do most American households. Grocers rely heavily on truckers to receive their ongoing shipments. In a crisis, the current process can fail. It behooves Americans for multiple reasons to localize their food purchases as much as possible.
Long-term storage is another popular option. Canned foods, MREs, and freeze dried meals are selling out quickly even as prices rise. But one component that is conspicuously absent in shelf-stable food is high-quality protein. Most survival food companies offer low quality “protein buckets” or cans of meat, but they are often barely edible.
Prepper All-Naturals offers premium cuts of steak that have been cooked sous vide and freeze dried to give them a 25-year shelf life. They offer Ribeye, NY Strip, and Tenderloin among others.
Having buckets of beans and rice is a good start, but keeping a solid supply of high-quality protein isn’t just healthier. It can help a family maintain normalcy through crises.
Prepare Without Fear
With all the challenges we face as Americans today, it can be emotionally draining. Citizens are scared and there’s nothing irrational about their concerns. Being prepared and making lifestyle changes to secure necessities can go a long way toward overcoming the fears that plague us. We should hope and pray for the best but prepare for the worst. And if the worst does come, then knowing we did what we could to be ready for it will help us face those challenges with confidence.
” … and the students want peace”
Is that supposed to be some sort of joke?
The students clearly want the complete annihilation of Jews. The author knows this fact or he wouldn’t have gone into such great detail to show that speech calling for such violence is not illegal.