OBJECTIVITY RULES: Speech under attack

A stunning judicial ruling has First Amendment advocates reeling

Objectivity Rules, February 21, 2025

In this edition:

• Speech under attack

• Media must change the message

• DOGE’s failings and how Trump notices

Photo by AbsolutVision on Unsplash

A judge in Mississippi has decided the First Amendment doesn’t exist.

Chancellor Crystal Wise Martin of the Hinds County Chancery Court in Mississippi ordered a small newspaper to remove an editorial from its website because, in essence, Clarksdale (MS) officials didn’t like it.

The Clarksdale Press Register, in its writing, wondered why the city didn’t notify the media of a public meeting. A city official even admitted she forgot to email the notice, according to the Clarion Ledger.

But the judge ruled city officials were victims of “defamation” through “actual malice in reckless disregard of the truth.” To make matters worse, the judge refused to hear any defense from the newspaper.

The newspaper said it will fight the ruling. Media organizations quickly condemned the judge’s order, but that’s not enough. Small newspapers like the weekly Press Register don’t have the resources to mount a vigorous defense (which is impossible if the judge won’t allow one). Media groups should ban together and fund an appeal that not only reverses this ruling but sends a message to any judge or small-town official who thinks they can stifle speech because of its content.

But the media needs to change its message

“The media” has such a bad standing that most people don’t trust it and most don’t care when the courts trample on their rights. That’s why the media needs to change its message. The Mississippi judge attacked the First Amendment, not just media rights. The judge ruled against an entity because the complainants didn’t like the words in an editorial. The media should change its message from, “This hurts us,” to, “This hurts you” because any judge could find an individual liable for exercising your constitutional rights —- and deny you a chance to be heard, as happened in Mississippi. Media organizations need to join together and loudly fight this ruling while recalibrating their message. Then, maybe, people will look at this issue through a different lens and see rulings like this hurts anyone with an interest in free speech.

What DOGE gets wrong

Elon Musk (Source: YouTube)

“Elon Musk, the richest man in the world who seems to be the co-president (J.D. who?) might be a good businessman, but running a business with a profit motive isn’t the same as running government agencies responsible to the American people.’’

That’s a paragraph from my column coming Sunday in the Dayton Daily News. DOGE has the right mission because we need to cut the waste out of federal spending. Administrations from both parties have been giving lip service to shrinking the federal debt (now at $36 trillion), and nothing has happened.

DOGE has demanded a list of probationary employees from various agencies, which is a half-measure since we don’t know how many serve mission-critical functions. Without that knowledge, DOGE has already made embarrassing gaffes, like firing a chuck of workers at the National Nuclear Security Administration without fully understanding they manage the country’s weapons stockpile, including reassembling nuclear warheads. The administration is rushing to hire people back.

DOGE could have gotten this right, but instead, opted to get it fast. That’s resulting in mistakes that …..

Trump is noticing

The Trump playbook runs the same sets over and over again. When he doesn’t like how a narrative unfolds, he masterfully changes the subject. DOGE has faced increasing criticism and Musk’s approval rating has slipped slightly while an increasing number of people disapprove of his role in the government. So Trump floated giving some of the savings from cutting federal agencies back to taxpayers via a “DOGE dividend.” Who knows how much that would be? But Trump has floated returning 20% of the savings to the 79 million taxpaying households, which would mean about $5,000 for each home.

Let’s forget for a moment that such spending could reignite inflation. Why would the federal government use money meant to pay down the debt to line the pockets of people? Isn’t that contrary to the purpose of austerity?

Yes, it is. But people are talking about this potential windfall instead of DOGE’s failures. That’s a win for Trump.

Odds and Ends

Tom Hanks made an awkward and unfunny appearance on SNL 50 in which he wore a MAGA hat and was afraid to shake a Black man’s hand. The right was up in arms, condemning a sketch that made fun of millions of Americans. This is the same right that has rightfully condemned a woke left for infringing on free speech rights and supporting Tony Hinchcliffe and his unfunny Puerto Rico joke at a Trump rally in New York. Freedom of speech is not freedom of speech you like …This Litigation Tracker monitors the lawsuits filed against the Trump administration. It’s a handy tool that hints at the depth of the opposition … Congress continues to let Trump do whatever he likes. Who’s the Republican to remind him of the separation of powers?

“This country isn’t what I thought it was”

Source: YouTube

I wrote an open letter to my liberal friends that appeared in the Columbus (OH) Dispatch and other publications noting that the anger directed toward all things Trump only hurts them. “The time that we live in is not the time that will last. It feels that way because everything — the anger, hurt, and stress — is right here, right now, with no prospect of getting better”

It provoked an angry response from readers who think I undersold and underappreciate the potential threat Trump poses. I didn’t and I don’t. But I also don’t believe in stressing myself to the point of illness over policies that, in some cases, will be overturned by the courts.

I did get this amazing email from a reader who took the trouble to track me down. Its tone, concern, and perspective mirror that of many people. He gave permission to publish his email provided I use only his first name, Greg. Here’s what he wrote, and it’s worth a read.

I’m a dual citizen of Canada and the US. I’ve lived in the US for the last 30 years, but I went back and forth between the two countries frequently before that.

Based on years of experience in arguing with Canadians to the effect that the US is fundamentally a good international actor despite occasional mistakes, I believe I have been one of the most pro-American Canadians around.

That opinion has changed. Trump threatens Canada, the US’ best friend and ally for over 100 years, daily. “Economic force,” “tariffs,” “we want the Canadian car industry,” “51st state,” “Governor Trudeau,” etc.

And there’s the matter of selling out Ukraine and reversing the outcomes of both WWII and the Cold War simultaneously by allowing both a Russian tyrant and a genuine fascist (who happens to be Russian, but uses all of Hitler’s rhetoric and logic to explain his imperial invasion), to dominate an Eastern European country that has been working hard for decades to get the freedom America used to promote.

It turns out that my Canadian colleagues were right all along, and I was wrong.

The United States is the greatest threat to freedom and democracy and global security that exists. Putin is worse by previous and current actions, but the sellout, and the threats to allies, from the country that should stand up for freedom are unforgivable and unforgettable. The imperialistic contempt for Denmark and Canada; the constant threats of economic force and tariffs of the type that caused the Depression…

Respectfully, Americans need to be much, much MORE furious. Everything America has done and built to support freedom for almost 250 years is at stake. If Canada can’t trust the US, no one can…and it won’t be long before no one will.

People threaten to leave for Canada all the time. It’s not that easy and it’s usually an empty threat. I have a big advantage as I am a Canadian. I am setting things up to leave as soon as I can settle my US affairs. This country isn’t what I thought it was. It can’t be trusted anymore.

It’s OK to disagree with the sentiment. But remember that lots of Canadians feel this way given Trump’s comments. The United States “can’t be trusted anymore” hurt when I read it. It’s a line all Americans should be concerned about since Europe feels the same way. In an interdependent world order, not even the mighty Uncle Sam can risk being an isolated pariah.

MY OTHER WRITING:

Busy week. Last week, in the Dayton Daily News, I wrote a column about the death penalty debate, and how we can’t discuss whether that’s a right or wrong approach until we fix the systematic issues that plague the justice system. “The answer to the death penalty debate isn’t “yes,” or “no,” two simplistic answers to a complex societal issue. We must fix several law enforcement and judicial issues before we can debate whether life in a cage or death for the most heinous among us is the correct form of punishment.…” I…. For Knicks Film School, I rated what I consider to be the five greatest NBA backcourt ever. I struggled between numbers one and two because they’re so close. ….

Ray Marcano has more than 40 years of experience as a reporter, editor, executive, and leader. He’s worked for some of the country’s biggest brands, including CNN, ESPN’s Andcape, and USAToday. His award-winning column appears each Sunday in the Dayton (OH) Daily News, and he’s a frequent contributor to the Columbus (OH) Dispatch. He’s the former national president of the Society of Professional Journalists, a two-time Pulitzer juror, and a Fulbright Fellow.