In a nation founded on the principles of free expression, the right to both hold and voice one’s beliefs without fear of persecution is not only sacrosanct but also protected by the United States Constitution. Regardless of political affiliation or status, every citizen, including a president – even former President Trump - is entitled to exercise their freedom of speech. This fundamental principle lies at the heart of the ongoing case of Donald Trump vs the United States before the United States Supreme Court (SCOTUS) and underscores the critical importance of safeguarding his Constitutional rights – and ours.
The Coolidge Reagan Foundation (which I serve as Chairman), has taken a stand to champion the cause of free speech by filing a “Friend of the Court” (Amici) Brief with SCOTUS in support of former President Trump. Our message is clear: It doesn’t matter what his advisors, opponents, or the media believe or want him to say – President Trump is entitled to believe the 2020 election was stolen and is equally entitled to speak about that belief. What’s more, as President, if he believed that to be the case, he had a duty to act on that belief. You don’t have to agree with him, or like what he believes, says, or does – but he has the right to believe it and say it.
Just like all of us, Trump can think and say what he wants. Freedom of speech begins with the freedom of ideas and our choice to agree, disagree, support, or fight against them. What is going on here is an attempt by the Biden Administration to criminalize thoughts with which they disagree.
At the heart of the amicus brief we filed is the argument that the prosecution of President Trump infringes upon his constitutionally protected right to engage in political speech. This is not merely a legal technicality but a fundamental issue concerning the balance of power and the preservation of our American standards.
We should not expect a President to lose their right to free speech and political expression simply because they hold office. In a democratic society, individuals must be free to express their beliefs and opinions without fear of retribution or censorship, regardless of their position in government.
The First Amendment, enshrining the freedom of speech, and the principle of separation of powers, dictates that even a President must be able to express his political beliefs without fear of reprisal. Any attempt to curtail this right undermines the very foundation of our republic. Yet, the Left’s relentless effort to use the courts to infringe on his rights (and anyone who supports him) continues. At its root, though, Democrats are simply prosecuting someone who doesn’t think their approved thoughts so they can silence legitimate questions about their own illegitimacy – like every tin pot dictator in history.
Denying former President Trump his basic freedom to question the integrity of the electoral process is absurd. Yet, Trump critics and those on the left are continuing their pursuits to stifle dissent and criminalize any viewpoints opposed to theirs. Restricting free speech and limiting the marketplace of ideas in this way is fundamentally un-American – and the Courts should recognize it regardless of their political leanings (or who appointed the judges.)
These are not acts of abuse of power but rather instances of robust political discourse, which must be protected in a free society.
By restricting the President’s ability to speak freely, we not only violate his constitutional rights but also weaken the fabric of our democracy.
Trump’s refusal to back down and the amazing display of support from millions of Americans serve as a beacon of hope in an increasingly polarized political landscape, reminding us that the timeless principles upon which our nation was founded will not be given up easily.
The case of Donald Trump vs the United States is not about one individual but about the preservation of our most cherished rights – of our freedom. By defending Trump’s right to speak, we uphold the principles of freedom of speech and ensure that the USA remains vibrant and robust. We must stand firm in our commitment to protecting these rights, for they are the bedrock upon which we, the people, thrive.
Shaun McCutcheon is a Free Speech advocate, an Alabama-based electrical engineer, the founder of Multipolar, and was the successful plaintiff in the 2014 Supreme Court case McCutcheon v. FEC.
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