War in Europe shouldn't be an excuse to trample free speech in the U.S.
Wars have never been very good for free expression in America. That might be true even when America isn't fighting the war.
On Monday morning, with Russia apparently on the brink of invading Ukraine, Harvard Law professor Laurence Tribe tweeted that it might be time for American officials to start up treason prosecutions.
An uproar ensued, and Tribe deleted his tweet. Still, both because of his prominence and the recent tendency toward red-baiting by U.S. officials, it's worth considering why his proposal was so awful.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
As a factual matter, it was incorrect. Even if the United States gives a lot of weaponry and support to Ukraine, that country is not our ally — we have no treaty or other formal agreement to come to their defense in case of attack. Indeed, one of the hot debates during the last few months has been about whether the United States and other NATO countries will ever allow Ukraine to join the alliance and become an ally in a real, legal sense. Regardless of which side of that argument you take, it's a crucial distinction you would expect an Ivy League law professor to understand and acknowledge.
But Tribe's proposal was also terrible because the United States has a longtime habit of elbowing aside First Amendment rights during wartime. Those of us of a certain age remember when Bill Maher lost his job at ABC several months after 9/11, shortly after a White House spokesman warned that "all Americans … need to watch what they say, watch what they do." (The spokesman later protested that he was misunderstood, but that's not how his remarks were understood in the moment.) During World War I, Eugene Debs — who had been a Socialist candidate for president — was imprisoned after declaring "I will never go to war for a capitalist government." Similarly, Abraham Lincoln's administration had a Democratic congressman arrested for giving an anti-war speech during the Civil War. This country has a long history of ignoring its guaranteed rights during times of conflict. Those aren't our best moments.
If Tribe's tweet is bad on the merits, it's also terrible politics. Conservatives have convinced themselves and their voters that Democrats are the totalitarian, liberty-hating party. Most of the time that's nonsense — but when a prominent liberal like Tribe makes the case that Fox News personalities should be arrested, it gets a lot easier to make the case. Tucker Carlson's not leaving the air anytime soon, but he has another bullet in his rhetorical arsenal to use against liberals. Not great.
While I don't like Carlson's xenophobic reasoning, I agree it's a bad idea for the United States to go to war in Europe. (The same is true of most Americans — another reason Tribe's tweet fails the political smell test.) But even if I disagreed, I still think he should get the chance to make a case. Questions of war and peace are among the most critical a government can make. It's in such moments that America's commitment to free expression is needed most.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Joel Mathis is a writer with 30 years of newspaper and online journalism experience. His work also regularly appears in National Geographic and The Kansas City Star. His awards include best online commentary at the Online News Association and (twice) at the City and Regional Magazine Association.
-
'Many of us have warned for years of a rising ecofascist threat in response to climate chaos'
Instant Opinion Opinion, comment and editorials of the day
By Anya Jaremko-Greenwold, The Week US Published
-
Is this the end of cigarettes?
Today's Big Question An FDA rule targets nicotine addiction
By Joel Mathis, The Week US Published
-
A beginner's guide to exploring the Amazon
The Week Recommends Trek carefully — and respectfully — in the world's largest rainforest
By Catherine Garcia, The Week US Published
-
Will Trump's 'madman' strategy pay off?
Today's Big Question Incoming US president likes to seem unpredictable but, this time round, world leaders could be wise to his playbook
By Sorcha Bradley, The Week UK Published
-
Palestinians and pro-Palestine allies brace for Trump
TALKING POINTS After a year of protests, crackdowns, and 'Uncommitted' electoral activism, Palestinian activists are rethinking their tactics ahead of another Trump administration
By Rafi Schwartz, The Week US Published
-
Ukraine hints at end to 'hot war' with Russia in 2025
Talking Points Could the new year see an end to the worst European violence of the 21st Century?
By Rafi Schwartz, The Week US Published
-
How might Trump's second term affect the free press?
Today's Big Question The president-elect has previously pledged to go after his supposed 'enemies' in the media
By Justin Klawans, The Week US Published
-
Is the US becoming an oligarchy?
Talking Points How much power do billionaires like Elon Musk really have?
By Joel Mathis, The Week US Published
-
What is Mitch McConnell's legacy?
Talking Point Moving on after a record-setting run as Senate GOP leader
By Joel Mathis, The Week US Published
-
Who will win the coming US-China trade war?
Talking Points Trump's election makes a tariff battle likely
By Joel Mathis, The Week US Published
-
The political latitude of Musk's cost-cutting task force
Talking Points A $2 trillion goal. And big obstacles in the way.
By Joel Mathis, The Week US Published