House Impeachment Brief Against Trump Threatens Free Speech for All Americans, Dershowitz Says

What we’re witnessing the Democrats and media try to do in this 2nd bogus impeachment sham is sickening. Harvard Law Professor and one of the greatest legal minds in history Alan Dershowitz agrees.

Writing in an op-ed for The Hill, Dershowitz made a case against a key argument contained in the brief (pdf), namely that “the First Amendment does not apply at all to impeachment proceedings,” signals Congressional willingness to take aim at freedom of speech more broadly.

“The brief filed by the House managers advocating the conviction and disqualification of citizen Donald Trump contains a frontal attack on freedom of speech for all Americans,” Dershowitz wrote. “It states categorically that ‘the First Amendment does not apply at all to impeachment proceedings,’ despite the express language of that amendment prohibiting Congress from making any law, or presumably taking any other action, that abridges ‘the freedom of speech.’”

The legal scholar then challenged another statement in the brief, namely that “the First Amendment exists to promote our democratic system.”

“This categorical statement surely would have surprised the Framers of the First Amendment, who believed in freedom of speech but not so much in democracy,” Dershowitz wrote. “The Framers of our constitutional system thought they were building a ‘republic,’ with limited suffrage and many checks on ‘democracy,’” he added, arguing that freedom of speech is “essential to keeping it a republic, but not necessarily a democracy.”

“So, no, the First Amendment does not exist only to ‘protect our democratic system.’ It exists to protect our liberty, regardless of what system we choose,” he wrote.

Dershowitz said that the argument made by the authors of the House brief that the First Amendment “doesn’t apply to presidents or others who ‘attack our democracy,’ is the same as that made by Sen. Joseph McCarthy and his acolytes decades ago “when they sought to deny First Amendment protection to communists and others who were seen as enemies of democracy and who, if they had come to power, would have denied the rest of us our freedoms, including that of free speech.”

“Freedom of speech must include those who would replace democracy with other systems of governance. It must even include those who advocate severe restrictions on freedom of speech, as many young left wing radicals do today. They, too, must be allowed to express their dangerous views,” he argued.

You can read more from our friends at The Epoch Times.

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