Even in his freshman year, Democratic New York Rep. Dan Goldman has proven one of the most controversial members in Congress from attacking witnesses to inadvertently undermining the Biden defenses. The latest controversy involves a call to “eliminate” Donald Trump after accusing him of using “inflammatory rhetoric.” He has since apologized for his own language. Despite being one of the many past targets of Goldman’s wrath, I do not believe that Goldman was calling for violence. It was what I call “rage rhetoric” in my book The Indispensable Right. However, the incident shows the perils of criminalizing political speech.
Goldman remains a favorite on MSNBC where he rarely fails to disappoint viewers with his brand of smash-mouth politics and rhetoric. It was, therefore, somewhat ironic for Jen Psaki to interview him on the inflammatory rhetoric in this election on MSNBC’s “Inside with Jen Psaki.”
Goldman responded:
“rhetoric is really getting dangerous, more and more dangerous, and we saw what happened on Jan. 6, when he uses inflammatory rhetoric. It is just unquestionable at this point that that man cannot see public office again. He is not only unfit, he is destructive to our democracy and he has to be eliminated.”
Some have called for Goldman to be investigated by the Secret Service. Others have called for a censure resolution. I do not agree. It was clearly reckless rhetoric and not a true threat.
Yet, the incident shows how inflammatory terms are often used in politics. In the very same sentence in which Goldman denounced “dangerous” rhetoric, he proceeded to use dangerous rhetoric.
Rep. Goldman has been one of the most vocal voices for prosecuting incitement based on such language. In an interview with NPR, Goldman (who was counsel in the Trump impeachment) defended the use of such rhetoric as the basis for impeachment or prosecution:
“there’s all sorts of speech that is criminalized. You can’t – you know, you can’t use hate speech. You – people – in all sorts of crimes. You can’t send death threats across, you know, the Internet. There are so many criminal laws that do criminalize speech, and so the notion that the president of the United States somehow has a First Amendment right to be protected by the government for his speech doesn’t make any sense. It’s a backwards argument, and it’s a loser.”
As a threshold observation, the interview shows how dangerously ill-informed Goldman is on the First Amendment. He claims, as have other Democratic members, that “you can’t use hate speech.” That is demonstrably and completely wrong. Hate speech is protected under the First Amendment. You cannot commit hate crimes.
Indeed, in Brandenburg v. Ohio, a 1969 case involving “violent speech,” the court struck down an Ohio law prohibiting public speech that was deemed as promoting illegal conduct. It supported the right of the Ku Klux Klan to speak out, even though it is a hateful organization. Likewise, in RAV v. City of St. Paul in 2011, it struck down a ban on any symbol that “arouses anger, alarm or resentment in others on the basis of race, color, creed, religion or gender.” In Snyder v. Phelps, also in 2011, the court said the hateful protests of Westboro Baptist Church were protected.
I have previously criticized the calls to criminalize Trump’s Jan. 6th speech as inimical to free speech. On Jan. 6, I was contributing to the coverage and denounced Trump’s speech while he was still giving it. I have long criticized Trump’s inflammatory rhetoric as well as similar rhetoric coming from the left. However, the calls for criminal charges ignore the danger to free speech.
While Trump used language like going to “fight” for his cause in the protest on the Hill, he never actually called for violence or a riot. Rather, he urged his supporters to march on the Capitol to express opposition to the certification of electoral votes and to support the challenges being made by some members of Congress. He expressly told his followers “to peacefully and patriotically make your voices heard.”
If Trump called to “eliminate” Pence or Pelosi, it would have no doubt been added to calls for prosecution. Indeed, Harvard Professor Laurence Tribe even declared Trump guilty of the attempted murder of Vice President Mike Pence on January 6, 2021. Even though no prosecutor has ever suggested such a charge, Tribe assured CNN that the crime was already established “without any doubt, beyond a reasonable doubt, beyond any doubt.” Others have suggested premeditated murder charges in his unhinged environment.
I am glad that Rep. Goldman apologized and I wish Trump would have retracted some of his prior language. However, rage rhetoric is a reality in our contemporary politics. We need to continue to denounce it on both sides, but it will produce even greater costs if we cross the Rubicon into criminalizing political speech.
Professor Turley, if you read these comments how about posting an assessment of Musk’s / X’s lawsuit against Media Matters. Does their legal argument have legs?
How ironic. Isn’t he the same elected official whose offices were smeared with anti-semitic graffiti? Perhaps he should be be looking towards his own prog/left cultists to see just where incendiary speech can lead. I am growing tired of observing prog/left wilfull hypocrisy.
No, it exemplifies the hypocrisy in condemning the opposing political parties speech with even worse speech. Time to 1. look in the mirror, 2. play back the tape, and any other cliche that offers the opportunity save your glass house.
Agree whole-heartedly. Unfortunately, self-awareness has been outlawed in DC.
Biden’s polling very poorly, even with Democrats.
His snowjob, gaslighting Bidenomics was a complete failure. They keep trying to tell us how great things really are, when in reality, Americans are not doing well financially we know and feel it at the pump, the grocery store and other things.
The pro-Palestine, pro-cease fire, anti-Israel types are saying Biden is engaging in genocide. Even people in the State Department signed a letter to that effect. Will they vote for Biden in 2024?
Biden has lost support from the Black, the Hispanic, and the Asian communities.
One has to wonder how the Jewish community feels about Biden’s push for a cease fire?
So, why not roll out Goldman to make some outrageous claims about Trump? Need a distraction some place from all the Biden fails. Just ratchet up the “threat to democracy!” rhetoric again. That always works, right?
Goldman remains a favorite on MSNBC…
Of course he is. Goldman is too stupid to realize he’s being used as a sacrifice to the Leftist message. It wouldn’t surprise me to see him on Gavin’s short list for a cabinet position.
V.P., Olly … V.P.
Only if he comes out as pansexual.
Just another dim. By his background I can see he is a real man of the people.
Dan Goldman should be Censored and expelled from all the committees he serves on. He is a Left Wing Nut case trying to score points with the DEMS. The Dems have gone nuts since 2015. They are Necons/Tyrants/Control freaks and simply out of control. What is needed is the DEMS to lose badly in 2024 and need to clean house. If Trump is elected the DEMS will really go Nuts.
I do not believe that Goldman was calling for violence.
But his words clearly were, and you have given no basis to believe he didn’t mean what he said. For my part, I am skeptical of timing coincidences; in that respect, I believe it is no accident this rhetoric came shortly after the election returns in Argentina. Check out this video:
https://twitter.com/CitizenFreePres/status/1726682472493240713
The defenders of the ever-burgeoning central government and all its multiplicative agencies are scared. They really do want both Milei and Trump gone from the scene even if that requires violence.
“even if that requires violence.”
We know Democrat violence is real. Look at the George Floyd riots, BLM, Antifa, the universities, Democrat violence for Hamas terrorists, etc.
Democrats have no shame or compunction not to use violence. The only thing stopping them is fear of the public and guns.
S Meyer, I believe one of the effects of leaking the draft Dobbs opinion was to increase the prospect of the assassination of one or more of the “conservative” Justices. Such an assassination would not only have preserved Roe but also would have given Biden the right to appoint new Justices, to do the work that court packing would have accomplished. Whether that was a motive for the leak remains unknown.
S. Meyer and Daniel,
Well said.
Democrats have no problem with fanning the flames of violence if it helps their cause and then shrikes in horror if anyone else does.
Dan, I agree. I would like to interview the person who tried to kill Kavanaugh. It wouldn’t surprise me if he was prompted to do so prior to his actions.
Meyer – Roske told police he was upset about the pending decision on abortion. The context was: there was a leak of the opinion, and the Women’s March had called for a summer of rage. Prior to that, there was the incitement by Senator Schumer.
https://www.dailysignal.com/2022/06/09/the-eerie-silence-around-kavanaugh-assassination-attempt/
Because, of course, when it comes to political violence in the United States today, here’s a maxim you can always rely on: If the victim or likely victim is on the right, the perpetrator is simply a lone wolf. But if the victim or likely victim is on the left, the perpetrator was fueled by dangerous rhetoric.
“Roske told police he was upset about the pending decision on abortion. “
Yes, but I am looking for names and something obtainable from people like him in casual talk. Just like we traced other violence directed at people on the right, many times, Democrat operatives are leaders in their localities and are violent.
What a disappointment! A man that has a background that includes not only being a Jew but a graduate of Stanford Law School, Yale University and sits as a representative in the Congress of the United States of America…..and he calls for ANY other person to be “eliminated”?
Either Rep. Dan Goldman is insensitive to the point that his integrity is highly questionable or he is nothing more than a dunderhead that has bought his way into his current position. Given the state of Stanford, Yale and the Congress a combination of both possibilities exists.
It would appear from his explosive anti-Trump rhetoric that little freshman Danny Goldman is giving that other New York City gem, Ms. Alexandria Casio-Cortez, a little competition for the bright lights ? Just sayin…..
Let’s remove the names, which would be the most inflammatory and dangerous?
“Peacefully and Patriotically’ March to the Capitol?”
Or
“he is destructive to our democracy and he has to be eliminated.”
Margaret – Professor Turley (or whoever writes these editorials) reflexively thinks in both-sides-ism terms – as in this little excerpt: We need to continue to denounce it on both sides
That is lazy thinking . . . but it’s hard to cure, even with facts, logic, and evidence.
Look at Democrat pundits and politicians rhetoric since 2015 and since Trump’s first term of office. Democrats are driven and motivated by hate. This is not surprising from a Democrat member of congress.
Dan,
I have to agree with you about them and their rhetoric since 2015. Every article from every left leaning MSM outlet was a breathtaking piece of how, just any day now, Trump will do . . . something. And all these other things will happen. White supremacists are around every corner.
None of that happened.
But it will if Trump is re-elected!
Hillary Clinton, who still claims the election was stolen from her, says democracy will end if Trump is re-elected.
Really?
Hillary Clinton, who still claims the election was stolen from her, says democracy will end if Trump is re-elected.
Good comment Upstate. To them, it’s not just any democracy. Notice how they will say our democracy. That’s not country possessive, it’s party possessive. And by party, that means Regime. Trump is a threat to the Regimes majority control of our nation’s future.
Upstate, Clinton said: You can run the best campaign, you can even become the nominee, and you can have the election stolen from you.
This gives snakes wiggle room to assert she never said she had the election stolen from her. Of course those snakes know that statement was in reference to her 2016 failure. The beautiful irony is she, the Democratic party and the Regime all failed to steal the 2016 election from Trump.
Your “New York Rep. Dan Goldman” is a Californian[.] a San Franciscan Levi Strauss Heir
He’s very good buddies with Gavin Newsom and Newsom’s Wife Jennifer Siebel.
He is one of the wealthiest Congress Members and Adam Schiff & Company have Big Plans for this Golden-State-Boy.
https://stanforddaily.com/2023/01/19/levi-strauss-heir-dan-goldman-j-d-05-sworn-in-to-u-s-congress/
Like Hillary Clinton (Fmr. U.S. Senate in 2000), He’s is a 𝐍𝐞𝐰 𝐘𝐨𝐫𝐤𝐞𝐫 𝐢𝐧 𝐍𝐚𝐦𝐞 𝐎𝐧𝐥𝐲 [𝐍𝐘•𝐍𝐎]
Between this rigid threat along with those on the steps of the Supreme Court towards justices its not difficult to see rhetoric evolving into a very dangerous game of hyperbole-semantics. We are witnessing this speech on a daily basis from media for all directions. Reminds me so much of the boy who cried wolf …when we eventually have someone that’s a clear danger to our country, people will no longer take the warnings seriously. Also reminiscent of that bad movie with Leo. the Earth was going to end from a asteroid etc…the media and public took his warnings with a grain of salt, then skipped right into the following story (weather, sports, etc) our society is at war…a fifty fifty split that will not end well for anyone. I can completely foresee another civil war of sorts based upon these perceived threats – when our 33trillion debt explodes (sooner than later) reeking havoc on our economy, then this political nonsense battle wouldn’t be out of bounds for reality …I genuinely fear a permanent destruction of our current way-of-life…IE…the congressman from New York isn’t helping matters, although legal – it is morally horrendous.
BTW I’m randy from fort worth…not one of the many anon posters or the cynics that frequent these responses solely to antagonize with no connection to reality…they have gotten so bad over the years…I’ve been a T fan for years and although I don’t always agree with his political views, I believe he represents an unbiased truth that most in our current media/educational sys is poorly lacking…he does need to move on from this age of rage stuff…it was interesting with his first 50 reports, but now it’s simply beating a dead horse….While I was writing that i realized that my deafness to these age-of-rage comments might just be because I’ve heard it so many times previously that it’s no longer important….self fulfilling prophesy
Goldman is very disrespectful and he is in need of an attitude
adjustment. His problem is easily solved by a punch in the mouth. Such an event especially occurring during a hearing would go a long way to adjusting his attitude and perhaps adjusting the attitude of other members as well.
Bubba, this posting is about the Democrats lying to their little ignorant followers.
Concerning the Gallow erected on Capital Grounds. The one that had a sign, saying “this is art”?
You may want to think just a few minutes about the facts. Video, shows this started to be erected (On Capital Grounds) about 6:30 in the morning.
How far do you think anyone would get erecting anything in DC before a cop would show up set to arrest you. Well, you are I wouldn’t get far. But someone sent by Pelosi . . .? Yep they would get the stage prop set up in time for the curtain call, kicking off this bit of scripted theater.
Bubba, you are being played.
You can’t read Goldman’s mind. Mind reading isn’t a thing.
True enough – and that is why the DC case against Trump is so bogus – it depends on proving – beyond a reasonable doubt – a state of mind and a specific belief or non-belief, which no-one but Trump himself (and possibly not even he for certain) can know.
Democrats have established the Rules of Political discourse.
Do we really have to go back to the Judge Bork hearings? Clarence Thomas hearings?
Senator Schumer sent assassins after Judge Kavanaugh.
Trumps statements, taken in context, rarely are as bad as the trolls around here claim.
Democrats use the fiction of George Orwell, as a how to book of governance.
Goldman is a king of insider trading.
If by King, you mean someone that never earned their position, privilege and power. Instead they Inherited said power. Right you are.
Trump supporters were seeking to hang Mike Pence on 1/6. Trump was fully in favor of that.
And Biden supporters want to hang Trump AND his supporters and YOU are in favor of that. You are a joke.
Do you have evidence to support your assertion?
When someone shows you who they are, believe them.
Do you have evidence that could be submitted in a court of law to prove your assertion?
Or are you just spreading more misinformation, disinformation and malinformation?
It is okay to say so, you are just spreading more hate and division. Some the left aspires to.
Apparently, it’s easier for dems to simply lie to themselves and not confront reality, I suppose it keeps them off the roof.
What isn’t so apparent is which part of that is the worst.