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Excerpt: "What Palin, Beck and their kind are practicing is not free speech. It is the equivalent of, as Oliver Wendell Holmes put it, 'Crying fire in a crowded theater.'"

A Tea Party member wrapped in an American flag, 12/07/09. (photo: Getty Images)
A Tea Party member wrapped in an American flag, 12/07/09. (photo: Getty Images)



The Tucson Massacre and Our Future

By Lawrence Davidson, Reader Supported News

14 January 11


Reader Supported News | Perspective


Petition: Congressional Action on Political Violence Advocacy

here are two groups responsible for the January 8th tragedy in Tucson, Arizona. One group is made up of right-wing Republicans, Tea Party fanatics and extremist conservative talk-show personalities. These people have, for too long now, been consciously creating an atmosphere in which illegal acts of intimidation and violence are mistaken for patriotism. It does not matter if members of this group are self-deceived "patriots" or just political opportunists. The nature of their actions were, and are, predictably disastrous. When Sarah Palin placed a map on her website showing the whereabouts of twenty Democratic politicians, including Gabrielle Giffords, using, in Palin's words, "bullseye icons" (that is gunsights), she essentially committed an act of criminal incitement. Anyone with average intelligence can recognize this to be so, given the pre-existing combustible environment created by the near criminal speech of people like Glenn Beck, Rush Limbaugh and Ann Coulter. Therefore, it is reasonable to conclude that when she released her metaphoric invitation to violence Palin knew that among her supporters were a large number of angry white men armed to the teeth with everything from handguns to bazookas. The fact that in the case of Tucson (not the first or the last case) it was allegedly a mentally unstable fellow who acted out this violence is irrelevant to the fact that the pre-existing climate of incitement was palpable. What Palin, Beck and their kind are practicing is not free speech. It is the equivalent of, as Oliver Wendell Holmes put it, "Crying fire in a crowded theater."

However, the situation would never have gotten to its present explosive level without the complementary behavior of the second group. And that is the country's center/liberal establishment, including the Democratic Party leadership, all of whom have failed to treat the right-wing threat seriously. It does not matter if members of this group simply misjudged the situation, or if they had the mistaken notion that to confront it would only make things worse. In either case, they were wrong. Whether we consider Al Gore's response to the stolen presidential election of 2000 or Barack Obama's consistent refusal to prosecute the criminal acts of the Bush-era extremists, these center/liberal leaders have behaved irresponsibly in the face of a growing and recognizably dangerous situation. They do the country no favor by confronting a violent right with passivity or sorrowful words.

It has been 153 years since Abraham Lincoln made his prescient House Divided speech. He did so in June of 1858 in Springfield, Illinois. His words, which at the time were considered alarmist, went like this, "If we could first know where we are, and whither we are tending, we could then better judge what to do, and how to do it." Making reference to continuing "slavery agitation" he went on, "In my opinion it will not cease, until a crisis shall have been reached and passed." And then he told his audience (1,000 members of the original Republican Party) that, "A house divided against itself cannot stand."

The United States is, once more, increasingly a house divided. It is not divided by "slavery agitation" though some of the issues have their roots in that era. It is divided over fundamental differences in the meaning of the nation's Constitution and the very nature of government. These differences bring with them feelings that are just as emotional and inherently divisive as was slavery.

There are a growing number of Americans who no longer believe in the modern interpretation and application of US Constitution. They insist that the way Constitutional interpretation has evolved over the past half-century is a betrayal of true American principles. Many of these Americans are apparently enamored of the 19th century outlook that the only government that is legitimate is that which sees to the police, the military and the law. Everything else should be a private concern. If you tax them for programs that have to do with social equity or economic justice (even in its pitifully weak form), or even to maintain public functions such as education, transportation and social services, they consider it theft and imagine that they are subject to a new tyranny. In addition, many of them are not willing to go along with any election that might run counter to their outlook. Some are very close to advocating sedition, and a few are obviously already gunning for their imagined "tyrants."

The present center/liberal leadership is confused. As Lincoln put it, they do not know where they are, where they are going, or what to do. Unfortunately, unlike Lincoln, they are not prescient. They do not seem to understand that what is happening is not superficial or transient. They beg us not to "politicize" the Tucson massacre, as if the murders were not, prima facie, political acts. Lincoln knew that the house was dividing and that the process would "not cease until a crisis shall have been reached and passed." Our center/liberal establishment has yet to come to a similar understanding.

Passivity and accommodation will not make right-wing violence go away. Those who incite this violence, as well as those who act it out, have to be confronted in an aggressive yet principled fashion. One way to do this is to enforce the law in a way that prioritizes our problems in a common-sense fashion and ceases to practice double standards. In other words, it is time for President Obama to tell his Justice Department and the FBI to stop chasing around the Midwest harassing people friendly to the Palestinians, and to start going after that element of the American right that is inciting its members to act out their political rage. They can start by taking a look at the activities of one Sarah Palin.


Lawrence Davidson is a professor of Middle East history at West Chester University in Pennsylvania, and author of the works listed below.

Contributing Editor: Logos: A Journal of Modern Society & Culture
http://www.logosjournal.com

"Foreign Policy Inc.: Privatizing America's National Interest"
http://www.kentuckypress.com/viewbook.cfm?Category_ID=I&Group=55&ID=1490

"America's Palestine: Popular and Offical Perceptions From Balfour to Israeli Statehood"
http://www.upf.com/authorbooks.asp?lname=Davidson&fname=Lawrence

"Islamic Fundamentalism"
http://www.greenwood.com/catalog/GR2429.aspx

Keep your eye on the language: When South Africa assigned rights according to race they called it apartheid. When Israel assigns rights according to religion they call it the only democracy in the Middle East.


Reader Supported News is the Publication of Origin for this work. Permission to republish is freely granted with credit and a link back to Reader Supported News.

 

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+3 # exsalute3 2011-01-14 23:23
Are you implying McCain is listed too for putting Palin to centre stage. She would not have gained much if she a normal paying passenger in the train.
 
 
+4 # John Pirtle 2011-01-14 23:50
I think it is free speech, but It is our responsibility to reject their advertiseres with organized and serious determination. And Palin is a poison pill for the Republicans.
 
 
+7 # maddy 2011-01-15 01:23
Palin goes back to the Aalaska Independant Party, not being a member as her husband, but very supported of, as she spoke on video, --the Kock brothers father goes back to when he helped the Bolshrviks overthrow the USSR, made his millions, and Russia 2 years became a communist country. When Salin took over, switched to the Hiterian policies. Other wealthy such as Prescott Bush also favored and backed the American Liberty League to overthrow our government, oust FDR, and Implementthe Hitlerian doctrine in 1934. It failed after trying until about 1940.Fred Koch was also behind the John Birch Society Party to do the same, and now the Koch sons, David and Charles, backing the Tea Party, paying Palin, Humphries & such to implement the same negative policies as once was in Germany. Murdoch is also paying Beck, Fox and such. So if the FBI don't rush in and have it stopped we will become another Germany of 1930, and the Gastopo will be our police. Who will be Heil to?
 
 
+6 # rf 2011-01-15 07:16
The FBI work for Murdoch...that's how tyranny works!
 
 
-17 # TommyD1of11 2011-01-15 10:50
Maddy, obviously you are confused. Hitler was a Socialists, not a Conservative. The Tea Parties call for less government not more. You can't have a police state without an all powerful state. It's the Lefty's that want our government to be all powerful. Therefore, I suggest you fear them.
 
 
+5 # Dianne Ray 2011-01-15 12:31
You don't know what you're talking about. You don't know anything about the Nazis. This is from Wikipedia:
National Socialism had some of the key ideological elements of fascism which originally developed in Italy under Benito Mussolini; however, the Nazis never officially declared themselves fascists. Both ideologies involved the political use of militarism, nationalism, anti-communism and paramilitary forces, and both intended to create a dictatorial state.
You are just parroting what you heard on Fox News.
 
 
+9 # Reductio Ad Absurdum 2011-01-15 12:55
"Fascism should more properly be called corporatism because it is the merger of state and corporate power." - Benito Mussolini.

Gee, now which party does THAT sound like?

The 14 Defining Characteristics of Fascism:
http://www.informationclearinghouse.info/article4113.htm
 
 
+6 # Buckles 2011-01-15 02:43
We voted for change, and let our President go back on his promises. Time we badger him every day where ever he appears to speak,to let his attorney general go after those who want to destroy our democrasy.
 
 
-4 # TommyD1of11 2011-01-15 10:51
Joe McCarthy couldn't have said it better.
 
 
+11 # Susanna 2011-01-15 04:45
Perfectly stated. I hope it gets to the people who need to hear it. These are frightening times and doing nothing is unacceptable.
 
 
+1 # rf 2011-01-15 07:14
Do what exactly...we voted for Obama and look at what we got...a corporation and Oligarchy pleaser!
 
 
+2 # Mitchell Jon MacKay 2011-01-15 05:18
Professor Davidson touches on a nerve center with call for executive intervention in the supposed "inciting to riot" sense of preemptive curtailing of rabble rousing. Certainly Sarah Palin's actions create some demerits against propriety. As much as the left- leaning pounce upon such correlatives there is relevance to consider. Secret Service goon squads monitor such nuances and likewise pounce on "suspects" who are not celebrities. Confounding this though it might be reminded that Charlie Manson utilized the Beatles' song "Helter Skelter" for his anti-messianic bloodlust for which Lennon-McCartney could hardly be held liable. Vagaries in associative synapse are too sieve-like for legal action, especially considering the Bill of Rights. Of course we'd mostly all like more tact and responsibility in politics but we probably won't get it. It seems likely that the media itself will dispose of Sarah Palin anyway.
 
 
+8 # Herbert D. Rosenbaum 2011-01-15 06:05
The correct citation of O.W. Holmes, Jr.
in Schenck vs. U.S. is:

"FALSELY crying fire in a crowded theatre.....",
 
 
+4 # rf 2011-01-15 07:13
We now have a 'house divided' but it is not the division that is getting hyped by all including you...it is between the wealthy and Corporate interests that have taken control of this government. When people feel like their government is out of their control they likely will act. If the far left starts to become violent, which they a re slower to do,...watch out because it usually is organized and goes on for decades. Think of the 70's violence in Europe by left wing groups. If the crosshairs get lined up on the correct culprits of this soft tyranny, the right will be the big losers! revolution
 
 
-9 # lnason@umassd.edu 2011-01-15 07:28
Davidson's assertion that overheated political speech necessarily leads to violence is easily shown to be false.

Compare violence rates between various countries with tolerance for freedom of expression and anyone can see that the most violent nations typically are the ones where free speech has been suppressed.

I don't know that free speech allows people to vent dissatisfaction thereby ameliorating the frustration that causes violence, but this is at least a theory that is consistent with known facts about the prevalence of violence in various societies.

Lee Nason
New Bedford, Massachusetts
 
 
+10 # Ken Hall 2011-01-15 09:47
"Countries with a tolerance for free expression..." Canada, Denmark, Sweden, France, Germany, Iceland, I could go on. Our neighbor to the north and all other industrialized nations have lower rates of violence, incarceration, and recidivism, and their citizens enjoy freedom of expression at least the equal of that in the US. In many ways they have more vibrant and participatory democracies.
 
 
-2 # TommyD1of11 2011-01-15 10:56
Kieth, are you not aware of Canada's Hate Speech crimes. In Canada you can go to prison just for hurting someone's feelings. This is no joke. Canada has a whole seperate court system just to prosecute such crimes. So, no, Canada does not allow free speech, only approved speech whihc does not hurt anyonte's feelings. Of course, its up to the judges to determine whose hurt feeling count and whose hurt feelings don't.
 
 
+8 # Merschrod 2011-01-15 11:42
Perhaps, if an enlightened people enjoying free speech, leave the bounds of civil discourse, then they need a system that established the bounds so that they do not self-distruct. Canadians are very careful about that - hence a civil society that does not degenerate into acting out violently. Rules of the game are needed.
 
 
+5 # Ken Hall 2011-01-15 11:44
It's Ken, thank you. I was unaware of the Canadian Hate Speech law, but I don't think i'd find it to be an impediment to my free speech rights. Maybe we need a law like that in the US.
 
 
+2 # Tomkat 2011-01-16 11:35
They also enjoy much stricter gun laws. Coincidence? I think not. And, even today, Germany isn't a bastion for any one of colour. Oh, and they all have that socialized medicine. People can actually get help when they are mentally or physically in need.
 
 
+6 # Justice4All 2011-01-15 08:29
While I agree with this article's ultimate conclusions, it is incorrect to refer to the Democrats as either the 'centre', and most certainly not, 'the left'.

Referring to the other half of the Establishment, the wholly-corrupt and special interest-beholden RepubliCrat Party by these terms is to take the empty slogans of the far-right too seriously, and plays right into the hands of both of these groups.

There is no fundamental difference between these phony opposition parties, and this is something that Americans must come to understand if they are ever to free themselves from their monopoly on power and see the change needed to heal the country, which would threaten the interests of this Ruling Class.

Most certainly, once is far more radical in its tactics, but where policy is concerned, both have their hands tied by corporate power and lobbies - and often, the direct connections politicians have with these same powers.
 
 
+6 # Cathy 2011-01-15 10:29
I truly believe that the Tucson shooter's act was based on his political beliefs (formed by god knows what at this point). Otherwise he would have just opened fire on a random group of people, not gotten himself to the Congress on the Corner session that Congresswoman Giffords and her staff had set up. If he simply wanted to shoot people, I'm sure there were other gatherings he could have opened fire on. This had all the earmarks of a deliberate act based on the information the shooter had in his severely mis-wired head...whether in response to the 'message' he received from the right, centre or left. It's time that everyone stopped pointing fingers in a useless blame game and woke up to the realization that civil discourse will remedy more of the problems than it will create. Politicians are "public servants".....start serving the public in a fashion that you can be proud of.
 
 
-13 # TommyD1of11 2011-01-15 10:47
For America's Left, the horrible massacre in AZ is their Kristallnacht opportunity. Just as the Nazis used Kristallnacht as an excuse to prosecute the Jews, today's Left is attempting to use AZ as an excuse to attack Conservatives. This perhaps should not be completely surprising since the Nazis too were Socialists, despite the best determined efforts of America's Left to deny this reality.

Lincoln's prescience would see clearly that Davidson is attempting to usher in a new era of McCarthyism, only this time by the Left. This too is not surprising. McCarthyism lasted a mere 3 or 4 years; however, Hollywood's banning of Conservatives has lasted 50 years.

The great irony of it all is that Loughner was if anything a Lefty. He hated God; was pro-abortion; one of his favorite books was the Communist Manifesto; his classmates described him as a huge Liberal. As for the counter claim that he didn't trust the government, show me a Liberal who trusted the government while Bush was in power.

Perhaps Davidson's greatest assault (pardon that word, don't use it as an excuse to commit mass murder) on reality is the idea that the Left is passive and reasonable in their language and arguments. Indeed, Davidson blaming Palin for mass murder is itself vitriolic in the extreme.
 
 
+6 # Ken Hall 2011-01-15 11:46
The Nazis were fascists. Russia was communist, though it called itself "Soviet Socialist Republic", it was not socialist.
 
 
+9 # Merschrod 2011-01-15 11:54
Tommy, I believe that you are joking, or you just do not know the history of your example. Kristallnacht was not a Nazi excuse, it was their own act against the shop keepers; McCarthyism, in spite of the fall of the Berlin wall still is found in our whole political and public agencies system. Hollywood as a liberal place? Surely you gest! It may be a place of "loose morals" but have you seen any real programs/movies that pull apart the conservative sensitivities of the "establishment?"

You seem to be cherry picking Loughner's "literature" - My guess is that he was uniformally paranoid of government and authority and that most of his material indicates that, but before saying left or right we'd have to do some cpontent analsysis and a tally of bias.

Finally, Yes, the liberal folks in the US and probably the majority in the center of the US are passive and go along to get along and that only encourages the radicals.
 
 
+6 # Daniel Smith 2011-01-15 11:39
'Maddy' in a posting above this one of mine mentioned 'Heil'. When we suffered throught the Bush years, I often ended emails with a cynical 'Heil Bush'. Lo and behold..on a flight to Maine with my wife two years ago, I was pulled off a plane and subject to a SECOND X ray of my bags and a very thorough body search. I was the ONLY person on the plane subject this and they had to hold up the flight before letting me back on. I asked why this happened and was told that I was 'on an FBI list'!!!!! I was furious and wrote to Homeland Security to get me off such a list. The rest was the usual bullshit when they lied to me about a page with information on me and said it was removed. I have never committed a crime in my life and found the whole sordid affair simply mind boggling. I think I am no longer on this FBI 'list' but who knows? Sympathetic people at the ticket counter told me that MANY people are on such lists and that once on them, it is nearly impossible to get off. So much for 'Democracy' and 'freedom.
 
 
+5 # Reductio Ad Absurdum 2011-01-15 13:07
The "yelling 'fire' in a crowded theater" analogy isn't an accurate comparison for Tucson. More accurate would be the scenario where a rabble rouser goads a crowd to chant "lynch him" until some unstable sympathizer takes it upon himself to get a rope and do the deed himself. And likewise, now, those who GLEEFULLY stoked the violence-coded vitriol insist they bear no blame because they, themselves, did not specifically instruct anyone to lynch anyone. How dumb do they think we are?

There's a reason that rioting is a crime distinctly different from the crime of INCITING A RIOT. There's a distinction between committing a crime and INFLUENCING someone to commit a crime. They may be distinct crimes, BUT THEY ARE BOTH CRIMES.
 
 
+2 # John Moran 2011-01-15 14:29
Ralph Davidson is confused and confusing.
He should check the facts before writing
publicly. Holmes compared Eugene V. Debs
speaking against U.S. entry into WWI as
comparable to falsely shouting fire in a
crowded theater. Debs had already been
imprisoned for his speech. Holmes, a
rightist vigorous anti-socialist; Debs
was a Socialist candidate for president.
He opposed entering the war largely as
involving workers of one country fighting
workers of other another country or countries.
Holmes is closer to Palin, Beck & Co., than to their enemies.
 
 
+4 # Herbert D. Rosenbaum 2011-01-15 18:26
Except that it was NOT Debs, but Schenck, whose leafletting of some mimeographed sheets on Canal Street in NYC, opposite the U.S. Post Office, was defined as a "clear and present danger" on grounds that FALSELY shouting Fire in a crowded theatre, thereby causing a panic, presented a clear and present danger of the evil about to come about, and therefore did NOT have to tolerated as mere free speech.

Of course, Holmes' opinion was a figure of speech, or a metaphor, so to say, because the leaflets had fluttered into the street below, where only federal agents paid any attention to them. There was no theatre and no crowd, just the Feds who were working at ridding the country of oppossitionism, or at least silencing it at which, as history shows, they were at least partially successful. The Russian revolutions had really frightened authorities here and abroad.
 

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