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L-R: Candace Clement and Susan Campbell .
The First Amendment is short, but powerful: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
The Shoreline League of Democratic Women (SLDW), whose membership extends from Branford to Old Lyme and north to Killingworth, hosted a forum at the Guilford Free Library this month that focused on three different aspects of the amendment.
Three well-versed speakers discussed various aspects of the First Amendment, which many believe, is being challenged these days. More so, in the past week by Donald Trump’s attacks in which he said, “It’s frankly disgusting the way the press is able to write whatever they want to write. And people should look into it.”
Belinda Jones, SLDW president, introduced Andy Schatz, board president of the American Civil Liberties Union (ACLU) of Connecticut and a lawyer for 30 years; Candace Clement, campaign director for Free Press and Free Press Action Fund; and Susan Campbell, University of New Haven distinguished lecturer, author and columnist for the Hartford Courant.
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Schatz (pictured), who noted he was speaking as an individual, not as a representative of the ACLU, cited two cases in the U.S.Supreme Court in which free speech was involved – the Masterpiece Cake Shop case, where a bakery refused to sell a cake to a same sex couple, and the government gerrymandering case in Wisconsin. He said that Justice Anthony Kennedy’s swing vote has broadened the definition of the First Amendment – “Congress” is defined as any government.
With the Citizens United decision, Schatz said, business speech is more protected. What’s not protected, he added, are pornography and speech inciting violence, although hate speech is protected as long as it is not accompanied by violence. Certain people, such as the military, he said, don’t have as much protection.
In terms of journalism, Schatz said, “We don’t want the government making decisions regarding speech… Everybody is a journalist.” He added that newspapers go through a filter. “What about others? Look it up before you send it through. Know the chain,” he advised.
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Referring to recent attacks on the press, Susan Campbell (pictured) said there’s always been an antagonistic relationship, including the one with Thomas Jefferson, who attacked the Hartford Courant. She described the press as a “watchdog… Who wants that?” She said Trump refers to fake news as “news he doesn’t like.” She said he sees the news as a target and he encourages chanting against the media at rallies. She added 650 insults have been tallied.
In terms of the 2017 Trust Barometer, Campbell said the media is ranked at just 18 percent. Trust among NGOs (non-government organizations), government, and the press must be earned. Without trust, she said, there’s a decline in electoral turnout, echo chambers, and a lack of collective purpose.
The danger in fake news, she said, is “eventually someone will believe it if it’s said enough.” Referring to journalists, she said, “We want to be trusted.
“We’ll be OK, but it will take years to rebuild,” Campbell said.
Campbell said during the discussion that there should be training in community journalism to “lift the conversation.” Often vetting information, how to take in that information, and fact checking are not being done. “There should be media literacy classes in preschool!” she said.
She was asked about the use of anonymous sources, which opens up vulnerability. She said that at times it’s a necessity, but “vulnerability opens you up to questions,” adding that there’s “the drive to get it first versus getting it right… I would be very judicious.”
A member of the audience expressed concern that people are turning into consumers versus citizens. “We didn’t start out that way,” said Campbell. “I say to my students, ‘Question everything.’”
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Candace Clement (pictured), campaign director for Free Press and Free Press Action Fund, is an advocate for Net Neutrality, which }s again being challenged, this time by the Federal Communications Commission Trump appointee, Ajit Pai, who, she said, is “dismantling the rules.” However, she said he was confirmed by 52 – 49, which was very close.
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In terms of the First Amendment for the internet, she said it prevents blocking of websites, allows us to connect without interference, and allows us to access diverse information. “Why would anyone want to get rid of Net Neutrality?” she asked. “Money. Providers want us to pay extra for access.” Clement added that some provider have already been blocking access, Comcast, for instance, has blocked online access to the Bible.
Arpanet was the beginning, she said. Unlimited access is how it’s always worked. The telephone industry has common carriers, she said, and the Title II Common Carrier Act serves all equally – it can’t discriminate. Title II forbids ISPs from blocking or throttling lawful internet content or prioritizing content in exchange for payment.
Cable caused the changes and created an information service, which pits providers against each other.
Clement said that a battle was won in 2015 when millions stood up against the FCC in a broad coalition. Now, Net Neutrality is under fire again with the FCC voting in May to start the process of eliminating net neutrality rules.
Clement said that the First Amendment allows people to organize to fight. “Public policy making is never done,” she said. “Keep fighting for many different things… whatever you care about.”
She added, “We have it right! Don’t do anything!”
Under the Trump administration, the First Amendment is challenged daily. After the forum, in response to Trump’s challenge that networks such as NBC and CNN should have their licenses pulled (in reality only local television stations require licenses) because they’re reporting what he believes to be fake news, Campbell said,“Every day it’s a new indignity, but President Trump’s latest comments about the press show his ignorance of how the First Amendment works, how the press works, and precisely what is his role as the president – not emperor.”
Optimistically, however, she commented, “I maintain we are going to be OK.”
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