Thank you both. It is scary to me that freedom of speech is disappearing and giving Trump more control. But on the other hand new alternatives are growing and we do have choices. I expect to see the table turn rather quickly as support for Trump wanes.
As long as we’re not breaking the law, we should be able to express the truth. People don’t know what company you work for when online. We are not there representing the company. We are representing ourselves. Companies should not be able to censor your voice.
There are reasons why the Constitution does not generally regulate the speech of "private actors". That does not mean that a private person can say anything they want. Private parties can be sued for defamation for instance. Speech which advocates violent actions against a specific religious group or ethnicity can also be regulated under certain circumstances. There are no absolutes, especially with respect to free speech issues. The famous "you cannot yell fire in a crowded theater", because of the dangers that result from that is an example of why "free" speech should not always be "say whatever you want, whenever you want to".
No it is not "solely" vested in the judiciary. Congress is the entity that passes laws which need to be approved by the President unless a 2/3 majority of Congress overrules that President. The judiciary must follow the laws that Congress passes, they can only reverse a law of Congress if that law conflicts with a provision of the US Constitution in which case the Judiciary has to identify which part of the Constitution is being violated and why. Even so, Congress can pass another law which corrects the problem with the law that the Supreme Court has stated is incorrect. It is true that we have let the Judiciary exceed its authority but that is Congresses' fault for letting it happen. Believe it or not the Judiciary was not even part of the origional Constitution created and signed by the Founders. The establishment of the Judiciary as an "interpreter" of the law occurred because Chief Justice Marshal, and his fellow Justices unilaterally gave themselves the power to overturn laws of Congress. Why Congress allowed them to do this is beyond me and they are of course still allowing it. Nevertheless the ultimate power is in Congress and it can be taken back to Congress whenever Congress wants to take it back. The problem is part the fault of Congress. Instead of Congress doing its job, which is to pass laws, the weakling Congresspeople who only care about being reelected stay silent and let decisions be made by the Supreme Court. Congress can always over turn a Supreme Ct decision and they can even change the 2/3 rule if they want to, but they do not because they are chickens. Elect leaders of Congress who are willing to do the hard work and not let the Supreme Court make decisions that Congress should be making.
The FCC has less power than they think they do. The late night shows will all be gone after the 2028 election. This isn’t even about Trump. It’s just about the landscape.
Seth will take over SNL. Fallon will probably still exist, and Kimmel will probably finally retire post Trump, whenever that may be. The podcast format and shows like Hot Ones have replaced that model. Thankfully, during the 2023 WGA negotiations they didn’t waste their time on late night, since most people said late night won’t exist by 2030, so don’t bother.
For Hollywood purposes, the Paramount+ and WBD deal is the better one, not the Netflix one. I don’t care about CNN turning center right. Journalists aren’t supposed to be activists. And the fact that you can basically tell who everybody voted for except Kaitlan Collins is the problem with MSNBC, Fox, and CNN.
CBS News editor-in-chief Bari Weiss withdrew from UCLA’s Daniel Pearl Memorial Lecture citing security concerns amid internal opposition from staff and anticipated student protests, reflecting broader controversy over her leadership at CBS, including criticism of her decision to pull a “60 Minutes” segment and ongoing tensions within the network.
Trump’s attacks on press freedom are not isolated incidents; they are part of a broader strategy of delegitimization aimed at eroding media independence and consolidating political power.
Good afternoon and thank you .
Thank you both. It is scary to me that freedom of speech is disappearing and giving Trump more control. But on the other hand new alternatives are growing and we do have choices. I expect to see the table turn rather quickly as support for Trump wanes.
we'll see!
Thanks Tara & Stuart: Great rap session. Very informative.
happy you enjoyed it
As long as we’re not breaking the law, we should be able to express the truth. People don’t know what company you work for when online. We are not there representing the company. We are representing ourselves. Companies should not be able to censor your voice.
People are offended SOOOO easily! That's one reason I live in Philadelphia--people here can dish it out AND take it.
Thank you for this Tara. Great job. You’re the best.
NEW YORK CITY BAR CONDEMNS TRUMP'S VICIOUS ATTACK ON SUPREME COURT
There are reasons why the Constitution does not generally regulate the speech of "private actors". That does not mean that a private person can say anything they want. Private parties can be sued for defamation for instance. Speech which advocates violent actions against a specific religious group or ethnicity can also be regulated under certain circumstances. There are no absolutes, especially with respect to free speech issues. The famous "you cannot yell fire in a crowded theater", because of the dangers that result from that is an example of why "free" speech should not always be "say whatever you want, whenever you want to".
Who determines the boundaries of free speech and what falls outside its protection?
Is that authority vested solely in the judiciary?
No it is not "solely" vested in the judiciary. Congress is the entity that passes laws which need to be approved by the President unless a 2/3 majority of Congress overrules that President. The judiciary must follow the laws that Congress passes, they can only reverse a law of Congress if that law conflicts with a provision of the US Constitution in which case the Judiciary has to identify which part of the Constitution is being violated and why. Even so, Congress can pass another law which corrects the problem with the law that the Supreme Court has stated is incorrect. It is true that we have let the Judiciary exceed its authority but that is Congresses' fault for letting it happen. Believe it or not the Judiciary was not even part of the origional Constitution created and signed by the Founders. The establishment of the Judiciary as an "interpreter" of the law occurred because Chief Justice Marshal, and his fellow Justices unilaterally gave themselves the power to overturn laws of Congress. Why Congress allowed them to do this is beyond me and they are of course still allowing it. Nevertheless the ultimate power is in Congress and it can be taken back to Congress whenever Congress wants to take it back. The problem is part the fault of Congress. Instead of Congress doing its job, which is to pass laws, the weakling Congresspeople who only care about being reelected stay silent and let decisions be made by the Supreme Court. Congress can always over turn a Supreme Ct decision and they can even change the 2/3 rule if they want to, but they do not because they are chickens. Elect leaders of Congress who are willing to do the hard work and not let the Supreme Court make decisions that Congress should be making.
The FCC has less power than they think they do. The late night shows will all be gone after the 2028 election. This isn’t even about Trump. It’s just about the landscape.
Seth will take over SNL. Fallon will probably still exist, and Kimmel will probably finally retire post Trump, whenever that may be. The podcast format and shows like Hot Ones have replaced that model. Thankfully, during the 2023 WGA negotiations they didn’t waste their time on late night, since most people said late night won’t exist by 2030, so don’t bother.
For Hollywood purposes, the Paramount+ and WBD deal is the better one, not the Netflix one. I don’t care about CNN turning center right. Journalists aren’t supposed to be activists. And the fact that you can basically tell who everybody voted for except Kaitlan Collins is the problem with MSNBC, Fox, and CNN.
CBS News editor-in-chief Bari Weiss withdrew from UCLA’s Daniel Pearl Memorial Lecture citing security concerns amid internal opposition from staff and anticipated student protests, reflecting broader controversy over her leadership at CBS, including criticism of her decision to pull a “60 Minutes” segment and ongoing tensions within the network.
Not long until tRump goes after Indie Media outlets like Substack and Blue Sky
Tara, your work is admirable and so needed. Thank you!
On another note, the deep cleavage is in our faces. Why? 💗
Trump’s attacks on press freedom are not isolated incidents; they are part of a broader strategy of delegitimization aimed at eroding media independence and consolidating political power.
💙💙💙
Everything T. says and does pains many. (Primary goal accomplished by T.).
It will be a cold day in Hell when I LET A MADMAN CONTROL MY MEDIA INPUTS.