Rep. Summer time Lee (D., Pa.) has lengthy been a voice for censorship, attacking those that search to revive free speech on social media. Lee’s curious view of free speech was on show this week when she attacked witnesses, together with Riley Gaines, as hateful and transphobic however then tried to censor Gaines when she responded to Lee’s assault as misogynistic. Lee withdrew the demand to take down the feedback, although it captured the essence of what number of on the left insist that they’ve a proper to assault others however search to censor those self same people once they reply in form.
Within the listening to on transgender college students competing in sports activities, Rep. Lee launched into assaults of the witnesses: “Madam Chair, I ask that whereas we sit via this listening to and the hateful misinformation I’m positive is coming our manner, allow us to not neglect the youngsters on the core of this challenge.”
Gaines, who achieved fame as a school athlete after racing in opposition to transgender swimmer Lia Thomas, responded to the assault. She testified:
“In fact, there’s a place for everybody, no matter gender identification, no matter sexual orientation, no matter race or what sports activities you play. There’s a spot for everybody to play sports activities on this nation. However unsafe, unfair and discriminatory practices in the direction of girls should cease. Inclusion can’t be prioritized over security and equity, and rating member Lee, if my testimony makes me transphobic then I consider your opening monologue makes you a misogynist.”
Lee then pounced and demanded that Gaines’ remarks be struck for “partaking in personalities” moderately than the substance of the talk: “I transfer to have the gentlewoman’s phrases taken down.”
What adopted was hurried session and presumably a number of explanations for Lee on why witnesses are allowed to answer such assaults by a member. Lee then withdrew her demand.
Rule XVII, clause 1(b) prohibits Members from partaking in “personalities.” That may be a rule cited to the Speaker or chair to bar private assaults from different members which can be deemed unparliamentary. There isn’t a definition of what phrases are thought of to be violative of the rule.
Nevertheless, Lee was making an attempt to make use of this in opposition to a witness who was defending herself in opposition to her personal private assault. It’s a harmful extension. Members of Congress typically are protected underneath the “speech or debate” clause in Article I, Part 6, of the Structure. The privilege protects legislative proceedings and usually doesn’t apply to information releases, speeches and different public feedback. This was the holding in Hutchinson v. Proxmire, when Sen. Proxmire was discovered to be performing outdoors of the clause in making media feedback relating to his golden fleece award.
Members usually knowingly make defamatory feedback in congressional debates, however then decline to repeat those self same phrases in public to keep away from any authorized accountability. I confronted that tactic in representing Dr. Eric Foretich within the Elizabeth Morgan controversy. Members would make false and defamatory claims about my consumer on the ground, however would rigorously keep away from repeating these claims in interviews. My problem to the Elizabeth Morgan Act took years earlier than it was struck down as an unconstitutional Invoice of Attainder. Nevertheless, we couldn’t convey a defamation motion because of members utilizing the Speech and Debate Clause as a defend.
That may create a nightmarish mixture if members are protected against actions in defaming witnesses however then can censor them once they defend themselves.
The truth that Lee’s rapid response was to censor an individual who she had simply attacked is telling. After labeling Gaines a hateful bigot, Lee didn’t consider that she needs to be allowed to denounce Lee’s personal feedback as an assault on girls.
It reveals the slippery slope of censorship. Democrats have embraced an anti-free speech agenda to silence opposing viewpoints. That want turns into insatiable whilst residents search to rebut private assaults from members in a congressional listening to.
