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Laura Friedman: The First Amendment has no asterisks

“They give me only bad publicity … maybe their licenses should be taken away,” President Donald Trump said last week of America’s television networks.

Hours later, Trump’s Federal Communications Commission director warned that ABC should “take action on Kimmel,” or there would be “additional work for the FCC ahead.”

A sitting president calling for a show to be canceled and media licenses to be revoked because he didn’t like what was said about him. A federal official, appointed by that same president, pressuring a network to act or face regulatory retaliation.

These were blatantly unconstitutional, deliberate threats.

President Trump would like it if the First Amendment came with an asterisk, but fortunately for all of us, our Founding Fathers knew better. They created the First Amendment to not just protect polite speech, but to protect dissent — especially dissent against our own government. It was written to prevent exactly this kind of abuse of power: a government using its authority to punish those who criticize it.

In response to these threats, I organized a rally on Hollywood Boulevard directly in front of the Kimmel studio. Six members of Congress and hundreds of members from every major entertainment union, including WGA, SAG-AFTRA, IATSE, DGA, AFM and the Teamsters attended. We stood together, not for one person or one show, but for the right of all Americans to speak freely without fear. Just hours later, the Kimmel show was back on the air.

But even with the Kimmel show reinstated, we cannot afford to simply move on, because this was never about one show. It’s about the principle that the government cannot tell any American, whether a comedian, a journalist or a citizen with a social media account what they are allowed to say.

And this cuts both ways, for progressives and conservatives alike. Just last year, in NRA v. Vullo, the Supreme Court ruled unanimously, in a 9-0 decision, reaffirming that government officials cannot coerce private entities to suppress speech the government disfavors.

It didn’t matter that the speech was controversial or who was speaking. The court held the line because the Constitution demands it.

And yet, here we are. A president who once again thinks he is above the law. A network show temporarily shut down, and hundreds of union writers, crew members and production staff left in limbo. After the show returned, President Trump made it clear that the threats will not stop: “I think we’re going to test ABC out on this. Let’s see how we do. Last time I went after them, they gave me $16 Million Dollars. This one sounds even more lucrative.”

This is the president of the United States openly continuing to target a private broadcaster for airing speech he doesn’t like and signaling that punishment is still on the table.  We’ve seen what happens in countries where dissent is silenced by those in power. If we allow government intimidation to dictate what’s safe to say, we’ve lost what makes our country great.

There is no asterisk with the First Amendment. No exception for hurt feelings. No clause that says,“only if the president agrees.”  The right to speak freely, without fear of government punishment, is not negotiable. We either defend that right every time it’s under attack or we risk losing it altogether.

I refuse to let the First Amendment become something we invoke only when it’s convenient because,  like our democracy itself, our rights are only as strong as our willingness to uphold them.

I’ll continue organizing just as loudly and publicly as those trying to tear it down. If the government can silence one voice simply because it’s offended, it can silence many.

I fear for our country if that becomes the norm. We wouldn’t just be losing a show — we’d be losing a piece of our democracy. I hope you’ll join me in standing up for and defending our free speech.

Laura Friedman represents California’s 30th Congressional District.

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