Can President Trump Really ‘Open Up Libel Laws’?

Ken White over at law blog Popehat has written a very useful article on whether or not Trump is likely to be the existential threat to free speech that so many are concerned about.

Fortunately, he argues that free speech is pretty well protected at the judicial level, adding that most contemporary attempts to whittle away at First Amendment rights actually emanate from “liberal” judges targeting hate speech, as opposed to conservative ones.

Here are notable excerpts from, Lawsplainer: About Trump “Opening Up” Libel Laws:

Donald Trump famously said he’d like to “open up” libel laws. How much should that concern you?

From my perspective — as a First Amendment advocate and an opponent of Trump — it should concern you as an attitude about speech, but not much as a policy agenda.

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Donald Trump vs. Hillary Clinton on Freedom of Speech – A Side By Side Comparison

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In effect, he believes that he is running to be the CEO of the country — not just of the government but of the entire country. In this capacity, he believes that he will make deals with other countries that cause the U.S. to come out on top, whatever that could mean. He conjures up visions of himself or one of his associates sitting across the table from some Indian or Chinese leader and making wild demands that they will buy such and such amount of product else “we” won’t buy their product.

What’s distinct about Trumpism, and the tradition of thought it represents, is that it is non-leftist in its cultural and political outlook and yet still totalitarian in the sense that it seeks total control of society and economy and places no limits on state power. The left has long waged war on bourgeois institutions like family, church, and property. In contrast, right fascism has made its peace with all three. It (very wisely) seeks political strategies that call on the organic matter of the social structure and inspire masses of people to rally around the nation as a personified ideal in history, under the leadership of a great and highly accomplished man.

Trump believes himself to be that man.

He sounds fresh, exciting, even thrilling, like a man with a plan and a complete disregard for the existing establishment and all its weakness and corruption. This is how strongmen take over countries. They say some true things, boldly, and conjure up visions of national greatness under their leadership. They’ve got the flags, the music, the hype, the hysteria, the resources, and they work to extract that thing in many people that seeks heroes and momentous struggles in which they can prove their greatness.

– From Jeffrey Tucker’s brilliant article: Trumpism: The Ideology

If you want to support Donald Trump go right ahead. Just be honest with yourself about who and what you are really supporting.

Angering the corrupt and incompetent status quo with hateful commentary demonizing minorities does not make you a lover of freedom and liberty. Indeed, as Jeffrey Tucker so accurately noted earlier this year, Trump isn’t about restoring America’s heritage. He’s about “Making America Great Again.”

So what does that mean exactly? If you listen to him, it’s pretty straight forward. “Making America Great Again” means putting someone “great” in charge of America, and Trump thinks he has discovered such greatness in himself. It has nothing to do with going back to what actually made America great for a couple of centuries, which is America’s founding principles. No, such talk is for egghead intellectuals who won’t defend America from the barbarian hordes stampeding at our doorstep. Trump, on the other hand, promises to protect you like that powerful billionaire daddy you never had. Some sacrifices will need to be made of course, such as the outdated and increasingly irrelevant Bill of Rights, but they’re kind of gone anyway, right?

If you support Trump, you are consciously or unconsciously turning your back on everything that actually did make American great. He will be no different than George W. Bush, Barack Obama or Hillary Clinton when it comes to the U.S. Constitution. He loathes it for the same reason they did and do; it restrains their dictatorial abilities as President. The only difference, is that Trump will convince his supporters to ignore that inconvenient truth, because as he destroys civil liberties with one hand, he will use his increased power to abuse helpless minorities with the other. The “red meat” that he will throw to his supporters will consist of going after the weakest and most vulnerable segments of the U.S. population (Mexicans, Muslims), while leaving the rich and powerful elite criminals untouched (Wall Street, the military-industrial complex). As I noted yesterday on Twitter:

If you still don’t get how anti-Constitution and disdainful of liberty Donald Trump truly is, let’s take a look a portion from one of his speeches yesterday.

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