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93clementine's avatar

While true as far as it goes, this column entirely misses the essential points of the video, which are 1) that service members count on veterans in Congress for guidance, and 2) that these congresspersons and senators have the same first amendment right to free speech that all Americans enjoy. We’re in the real world, here, not some fantasy ivory tower. Geez — wise?? It is critical AND legal. What a cheap shallow ‘analysis’ you have offered. I’m guessing you have never served, so until you do, STFU.

93clementine's avatar

Sorry — it won’t let me correct / edit.

While true as far as it goes, this column entirely misses the essential points of the video, which are that 1) service members count on veterans in Congress for guidance, and apart from the speech and debate clause, 2) these congresspersons and senators have the same first amendment right to free speech that all Americans enjoy. We’re in the real world, here, not some fantasy ivory tower. Geez — wise?? It is critical AND legal. What a cheap shallow ‘analysis’ you have offered. I’m guessing you have never served, so until you do, STFU.

Oh, and … Mark Kelly for president.

Private Intellectual's avatar

Lawyers: Are there grounds for a class action suit (brought by say, Democracy Defenders), on behalf of Sen. Mark Kelly and the other legislators who stuck their necks out to remind us of the Constitution, and who are now facing retribution?

BRUCE ENDY's avatar

While the legislators video certainly passes the free speech test - and the government should be enjoyed from investigating free speech - the argument that it is protected by the speech and debate clause will fail. Hutchinson v. Proxmire, 443 U.S. 111 (1979). The publication of speech that would be protected on the floor of the Senate, is not protected if it published to the general public. While I don't know where the video was initially published, if it was sent to any media outlet that publication is outside the bounds of speech and debate.