On Fox News, Russia and "Treason"

[brooklynite]

A number of voices have suggested going after Tucker Carlson or taking Fox News et al off the air for committing "treason" through pro-Russia stories.

18 U.S. Code § 2381 says: "Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason"

Here's the problem. Russia is not an "enemy" of the United States. It is acting in violation of international law, and the US has chosen to impose sanctions on that basis. However, we still maintain diplomatic relations with them. We are not at war with them, and they are not at war with us.

Speaking in favor of Russia, even in favor of its military actions and war crimes, is not "giving aid and comfort" to an enemy of the United States. It is giving aid and comfort to an enemy of Ukraine. As reprehensible as that is, it is not a violation of the First Amendment.

[MarineCombatEngineer]

1. Thank You!!!!

If or until we're at war with Russia, the 1st Amendment applies to all Americans, whether or not we like the message.

I may not like what one has to say, but I will defend their right to say it.

[Gore1FL]

2. Exactly. Tucker's comeuppance is going to be outside the legal realm as no laws were broken.

His actions do require him to be broken publicly as a traitor, and a cancer on our society, culture, and nation. But that exists in the realm of public opinion, the platforms that allow him, and his general ability to appear in public without "commentary."

[Tetrachloride]

3. Cherry picking.

Legally protected speech according to some.

Encouraging the killer of thousands of civilians. The weaker, the better.

Sarcasm may be seen amidst a bleak set of deaths.

[Mariana]

4. Furthermore, the Supreme Court has ruled

that "giving aid and comfort" to an enemy of the United States means giving them material aid and comfort. Speaking in support of an enemy is not treason.