House Democrats are pushing back hard against Speaker Ryan’s proposal to fine Representatives for live streaming and other photography on the house floor. Politico reports that, in a letter sent yesterday to Speaker Ryan, Reps. John Lewis (D-Ga.) and John Larson (D-Conn.), state
“This kind of strong-arm tactic is what one might see in Putin’s Russia, but is incredibly disheartening to see proposed in the U.S. House of Representatives.”
Now this morning, Lewis has joined with Louise Slaughter (D-N.Y.), Steve Cohen (D-Tenn.), and Jerry Nadler (D-N.Y.) in issuing a press release denouncing the proposed rule as an “unconstitutional gag order” enforced by “speech police”. Here is the full text of their statement (emphasis added).
“House Republican Leadership, as one of its first priorities for the incoming Congress, seeks to impose a modern day and unconstitutional gag rule to restrict the First Amendment rights of Members to protest and engage in other forms of expression on the House floor as well as deny them due process. This unprecedented rule change, which appears to violate several fundamental constitutional protections, clearly is intended to undermine the rights of Members in the Minority to freely express their views on the House floor, which is a critical means by which Members communicate to the American public. It is particularly egregious that such a controversial and potentially unlawful change is being implemented in the complete absence of hearings or input from legal experts, let alone the Minority.
“In effect, this proposed rule change would empower a protocol official to unilaterally impose a fine against a Member who uses an electronic device to photograph or record House floor proceedings without affording the Member any due process. Even the threat of this fine would have a chilling effect on the right of Members to express their views on the House floor, which is one of the most fundamental protections under the Constitution’s Speech or Debate Clause as well as the First Amendment. As the U.S. Supreme Court recognized more than 50 years ago in Mills v. Alabama, ‘Whatever differences may exist about interpretations of the First Amendment, there is practically universal agreement that a major purpose of that Amendment was to protect the free discussion of governmental affairs.’
“In addition, the proposed rule change fails to provide a Member any due process to contest the imposition of the fine before it is automatically deducted from the Member’s salary, the diminution of which is protected by the 27th Amendment.
“Rather than ensuring greater transparency and promoting full and fair debate, the House Republican Leadership has chosen to do the very opposite by authorizing ‘speech police’ to restrict the First Amendment right of the Minority to express their dissent on the House floor. Surely this could not happen on the floor of the U.S. House, given that we’re sworn to uphold the Constitution.”
Are you represented by any of these folks? If so, may I humbly suggest that you call their office to express your support. Meanwhile, other house Democrats should be urged to publicly support their efforts.
Clearly, Democrats are not going to stand for this. They might even sit for it:
Larson said Democrats aren’t going to back down and didn’t rule out another sit-in, although he made clear that idea hasn’t been discussed broadly within the caucus.
“Let us hope that reasonable minds prevail. I don’t think Democrats are going to sit idly as the majority abuses its authority,” he told POLITICO. “Who knows? We might even have to protest this,” he added.