Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I have images of three politicians in my office: Abraham Lincoln, Robert F. Kennedy, and Samuel H. Bellman, who was the first Jewish person ever elected to the Minnesota…
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I have images of three politicians in my office: Abraham Lincoln, Robert F. Kennedy, and Samuel H. Bellman, who was the first Jewish person ever elected to the Minnesota Legislature, a great champion of civil rights and civil liberties in the Constitution and of the creation of the
State of Israel, the Jewish democratic state in 1948. He was my grandfather.
He was elected at a time of terrible anti-Semitism, not unlike today. Minneapolis was actually called the anti-Semitism capital of America, and my grandpa told me a story I will never forget.
The Democratic-Farmer-Labor Party and Republican Caucuses both had their annual retreats at a country club that did not allow Jews or Blacks to enter. My grandfather complained privately to the speaker about the fact that he wouldn't be able to go to his own retreat. The speaker apologized but said that it was a tradition.
So my grandfather, the only Jewish person in the chamber, spoke on the floor about anti-Semitism. He was booed and jeered at, and members left as he tried to speak.
When the minority leader asked me to manage our time today, I thought about my grandfather and how he must have felt on that day. I rise here not in spite of the fact that I am a Jewish American who supports the Constitution and the Jewish democratic state and hates all the anti- Semitic tyrants and terrorists of the world, from Putin in Russia and Mohammed bin Salman in Saudi Arabia to Hezbollah in Hamas. I am here because of these things and because of everything that I believe in and stand for.
At this moment when democracy is under siege all over the world, America must stand tall for the Constitution of the United States. This resolution is about one thing and one thing only: the punishment of speech.
We have the chance to show the world what the American Constitution means and how we hold fast to our core principles even when we are drawn away from them by our passions and our righteous anger.
The Constitution is the supreme law of the land, and the very heart of it is our First Amendment, which protects every citizen's freedom of speech and says Congress shall make no law abridging it.
The freedom to speak includes the freedom to disagree, the right to think radically differently from the majority about important things, or else it is no freedom at all. It is easy to defend freedom of speech for people when you agree with them. The test for each Member today is whether you can defend freedom of speech for people when you most fundamentally and vehemently disagree with them.
The First Amendment is like an apple, and everybody wants to take just one little bite out of it--leftwing speech, rightwing speech, sexist speech, feminist speech, homophobic speech, pro-LGBTQ speech, anti-war speech, pro-war speech, religious speech, sacrilegious speech. Everybody wants a bite out of the apple.
At the end of the day, after everybody has taken his or her bite, do you know what is left? Nothing. There is nothing left.
If you want to save the apple, you have to learn to tolerate not just the speech you love the most but the speech you hate the most.
Now, like the First Amendment, the Speech or Debate Clause embodies this central value in the proceedings of this body. It states that Members of Congress ``shall in all cases, except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place.''
In the two-and-a-half-century history of this great Chamber, Members have been overwhelmingly censured for their actions, not for their speech--actions like participating in the violent assault against Charles Sumner of Massachusetts; assaulting Representative Grinnell, of Iowa, with a cane; selling military academy appointments; taking bribes; engaging in mail fraud and payroll fraud; improper spending of campaign funds; embezzling congressional money; engaging in sexual misconduct with a House page.
Do you see the difference? It is not what they said. It is what they did.
I can find only three categories of cases where speech is the sum and substance of the charge, and all are exceptions that have been ratified by the Supreme Court:
One, violent threats against other Members of this body, which the Court has found, as recently as April, are not protected by the First Amendment.
Two, fighting words: the use of unparliamentary or aggressively insulting language on the House floor that constitutes a direct affront to another Member. The Supreme Court has said that fighting words are not protected.
Three, speech advocating or promoting treason, secession, or insurrection, all of them outside of the First Amendment because of numerous provisions in our Constitution condemning and opposing insurrection.
That is it: violent threats against other Members, fighting words on the floor, speech inciting insurrection.
The resolution offered against the gentlewoman from Michigan is all about censuring her for her political speech and literally nothing else. No actions, no conduct, is being alleged or punished. The entire motion is about her speech and how much we hate it and how wrong we think it is, and all of that is fine for all of us to express individually on the floor, in the media, on social media.
I have said to Ms. Tlaib myself that the phrase ``from the river to sea'' is abhorrent to me, even with her published explanation of what she means by it, which is very different from what Hamas says about it and how Hamas uses it, but I would never think of punishing her or disciplining her because we disagree about that.
The resolution proposes to condemn her for quoting this objectionable phrase in her video, a video which is indisputably protected speech under the First Amendment.
Unlike the gentleman from New York, Mr. Santos, whose proposed expulsion by members of the majority was rejected by a commanding bipartisan majority last week because he has not been convicted of either the criminal or the ethics charges outstanding against him, Ms. Tlaib has been criminally charged with nothing. She has been civilly sued for nothing. She has no ethics charges outstanding before the Ethics Committee in any way.
It is easy to see why. She cannot face criminal punishment or civil liability for her speech because, in the United States of America, we don't punish people for their political ideas, no matter how wrongheaded or offensive we think they are. The majority might think they are, or it might not, but in any event, it doesn't make any difference.
She won reelection with 71 percent of the vote in Michigan's 12th District, and if anyone is going to punish her for her political ideas or performance, it must be the people of her own district who sent her here to represent them.
Mr. Speaker, the disciplinary process should never be used to punish the political speech or viewpoints of a Member of this Chamber just because the majority disagrees.
The punishment of political viewpoints will mean that Members will be censured just for being in the minority rather than in the majority, and that will come to stifle our dialogue and haunt all of our work.
For example, the good Speaker of the House, who is my friend from the Judiciary Committee, has taken positions in the past arguing that sex between consenting gay adults should be a crime, that the Supreme Court was wrong to strike down sodomy laws in Lawrence v. Texas and wrong to give gay people the right to marry in Obergefell, a right that he said is ``the dark harbinger of chaos and sexual anarchy that could doom even the strongest republic.''
The vast majority of Americans reject these positions as extreme in public opinion polls and believe all citizens should have the freedom to pursue their own love lives and to marry.
If the House majority changes hands, should we actually censure the former Speaker of the House for his constitutional apostasy and thought crimes against the rights of millions of Americans? I sure hope not because the gentleman from Louisiana is absolutely entitled to his political and religious views, no matter how far outside the constitutional and American mainstream they are.
Under the First Amendment, extremism is in the eye of the beholder, but how will we resist the temptation to punish him in the future if we set a precedent today that Members can be censured and canceled simply for their
political heresies in the eyes of the majority controlling the House?
If we say the gentlewoman can be punished because her views of history are wrong, as I heard my friend say, can we then punish Members of this body who refuse to vote to take down in our Halls the statues of Members of Congress from the 19th century who joined the Confederacy and committed treason against the Union, people like John Breckinridge, a former Vice President and U.S. Senator who was expelled from the Senate after he defected to the Confederacy? Should we use the disciplinary process to impose historical orthodoxy?
If anything, there is a stronger constitutional case for punishing the 120 Members of the House who voted against taking down statues of Confederate traitors because multiple provisions of the Constitution explicitly forbid and punish participation in insurrection. Do Members who voted that way want to risk being censured in the future by establishing that divergent minority views on history are a legitimate matter of institutional discipline?
What about the Members who defended conspiracy theorist Alex Jones and stated that Sandy Hook and Parkland mass murderers of dozens of schoolchildren were staged by Hollywood to generate support for gun safety? That is not even a matter of opinion but adjudicated positive fact, and still, the Constitution protects your right to be wrong about facts unless you are deliberately defrauding or cheating someone out of something like money or campaign contributions.
What about all of those Members who have followed the former President in advancing the big lie that he actually won the 2020 election? Should we convert the 60 Federal and State court decisions rejecting claims of election fraud and corruption into discipline and punishment of Members who still cling to that view?
What about the 11 Members of this body who lost the 405-11 vote in 2019 recognizing that the mass killing of Armenians by Ottoman Turks during World War I was a genocide? Does their denial of the genocidal character of the deaths of more than 1 million Armenians qualify them for collective punishment today, institutional punishment?
Can we convert differing interpretations of history into the basis for disciplinary action?
Well, perhaps you say political dissent should be uniquely punishable when it comes to foreign policy. Of course, the First Amendment doesn't distinguish between speech having domestic or foreign policy content. All of it is protected. If not, every Member of this body who has voted against aid to Ukraine and praises Vladimir Putin, as the former President did for his ``genius'' and his ``savvy,'' or says Putin is not our enemy, as a number of Members have, could be censured for it by this body.
This resolution not only degrades our Constitution but cheapens the meaning of discipline in this body for people who actually commit wrongful actions like bribery, fraud, violent assault, and so on.
When people are punished for their political ideas and expression, they will wear it as a badge of honor. They will fundraise on it. Millions of dollars will flow to people who are punished that way, and they will join the public in mocking the new speech censors of Congress.
A secure constitutional republic, which actively protects the freedom of dissenting speech to allow for serious debate and growth as society, shows its strength, not its weakness.
As Thomas Jefferson, whose beautiful statue is right outside of this room, put it: ``If there be any among us who would wish to dissolve this Union or to change its republican form, let them stand undisturbed as monuments of the safety with which error of opinion may be tolerated, where reason is left free to combat it.''
Now is a moment when we will get to see who in the House of Representatives believes in the freedom of speech, even the speech they hate, versus those who want to impose a new political straitjacket of cancel culture on America and Congress.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield 4\1/2\ minutes to the gentlewoman from Michigan (Ms. Tlaib).
Mr. Speaker, I yield 1 minute to the gentlewoman from Massachusetts (Ms. Pressley).
Mr. Speaker, I yield 1 minute to the gentlewoman from Michigan (Mrs. Dingell).
Mr. Speaker, I yield 1 minute to the distinguished gentleman from Massachusetts (Mr. McGovern), the ranking member of the Rules Committee.
Mr. Speaker, I yield 1 minute to the gentlewoman from the Virgin Islands (Ms. Plaskett).
Mr. Speaker, I yield an additional 10 seconds to the gentlewoman from the Virgin Islands.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield 1 minute to the gentlewoman from Washington (Ms. Jayapal).
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield 1 minute to the gentlewoman from Missouri (Ms. Bush).
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield 1 minute to the gentleman from New York (Mr. Bowman).
Mr. Speaker, may I inquire as to the time remaining.
Mr. Speaker, I yield 1 minute to the gentleman from Indiana (Mr. Carson).
Mr. Speaker, I yield 1 minute to the gentlewoman from Illinois (Mrs. Ramirez).
Mr. Speaker, I yield 30 seconds to the gentlewoman from Minnesota (Ms. Omar).
Mr. Speaker, I yield 1 minute to the distinguished gentleman from Colorado (Mr. Buck).
Mr. Speaker, first of all, I don't think that my colleagues have caught us in any kind of contradiction when they raised the case of Representative Gosar, who posted a video on social media depicting himself killing our colleague Representative Alexandria Ocasio-Cortez and also attacking President Biden. This was a true threat. These were fighting words. This is something that is totally within our First Amendment tradition.
Mr. Speaker, we live in a time of terror and war, great polarization and trauma across the world. We must grapple the rule of law to our souls with hoops of steel at this moment. In a time of all kinds of storms all over the world, the rule of law, the Constitution, is our shore, and now is a moment to hug the shore.
Let's defend the freedom of speech for today, for tomorrow, and going forward in the Congress of the United States.
Mr. Speaker, I yield back the balance of my time.
Mr. Speaker, on that I demand the yeas and nays.