Pennsylvania Lt. Gov. John Fetterman, a Democrat, was condemned
online Friday after claiming that rhetoric doubting the integrity
of the 2020 presidential election, such as claims that it was
“rigged” or “stolen,” is not constitutionally protected speech.
What did Fetterman say?
In a video posted online Friday, Fetterman said, “This idea that
saying that Pennsylvania was ‘rigged’ or that we were ‘trying to
steal the election,’ that’s a lie.”
“And you do not have the right, that is not protected speech,”
Fetterman claimed.
Fetterman, who is
reportedly considering a run for the U.S. Senate in 2022, said
that Twitter should have immediately removed any tweet from
President Donald Trump that questioned the integrity of the
election, comparing Trump’s claims to “yelling fire in a crowded
theater when there is none.”
“There is a difference. That is not protected speech,” Fetterman
doubled down. “He can talk all day about what his favorite football
team is or that he’s the greatest president in the history of the
world, but no one — Republican, Democrat, or whatever — has the
right to say those kind of incendiary lies.”
Pennsylvania Lt. Gov. John Fetterman: “This idea that saying
that Pennsylvania was ‘rigged’ or that we were ‘trying…
https://t.co/0HQiFP0iwJ— The Hill (@The Hill)1610727840.0
What was the response?
Fetterman’s assertion drew significant attention, with critics
pointing out that lies are, in fact, generally protected by the
First Amendment of the U.S. Constitution.
“Lying is bad. It’s also not the same as truly holding views
that most agree are ignorant [‘the earth is flat’]. And most
importantly, lying is still generally protected speech. This is why
a plurality struck down the Stolen Valor Act as unconstitutional
(United States v. Alvarez),” Amy Swearer, a legal fellow at the
Heritage Foundation, explained.
“Fraud? Not protected. Libel? Not protected. Lying under oath?
Not protected. But false statements, writ large? Still protected,”
Swearer added.
Journalist Sharyl Attkisson mocked,
“WARNING LABEL: ‘This claim is determined to be ridiculously
false.’ Signed, US Constitution (Will Twitter take it down? I’m not
advocating it do so, just pointing out if they were ‘fact checking’
and treating supposedly false claims fairly; they would.)”
Omri Ceren, national security adviser for Sen. Ted Cruz
(R-Texas), sarcastically pointed
out, “What if the lies about ‘trying to steal the election’ are
published and echoed by the republic’s most prominent media
outlets, and are repeatedly debunked but nevertheless consistently
revived by those outlets quoting anonymous officials, over half a
decade? Hypothetically?”
