Yup–the “Disinformation Government Board,” is a new section of the Department of Homeland Security. After listening very carefully to the comments made by the Secretary of Homeland Security both in Congress and his later comments, it sounds more like Animal Farm than the First Amendment. Did you ever read the Constitution? The Amendments? We read both texts when I was in high school, college, and grad school. The First Amendment is quite short and if you haven’t ever read it, or if its been a while since you have, take a look.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peacefully to assemble, and to petition the Government for a redress of grievances.

There’s been plenty of so-called “disinformation” over the years, both spoken and written, going back even before the Revolution and the Constitution, yet even then both speech and the press were protected. One of the first trials which became and integral part of US law involved John Peter Zenger, who was born in Germany in 1697. He and his family emigrated to New York in 1710 where he became an apprentice to William Bradford, the first printer in New York City. Eventually Zenger set up his own printing business on Smith Street in the City.

At that time, the new colonial Governor, William Cosby, was having an argument with the Council of the Colony over his salary. Cosby removed the current Chief Justice, Lewis Morris, and put in his own pick, James Delancy. That escalated the dispute, leading to a great deal of discussion in the press, particularly in Zenger’s New York Weekly Journal. Cosby condemned the newspaper for “divers, . . . false and seditious” comments, charged Zenger with libel, and put him in jail.

Andrew Hamilton of Philadelphia and William Smith, Sr., of New York, took Zenger’s case. At the end of the trial, the jury took just 10 minutes to return with a “not guilty” verdict. During Hamilton’s closing arguments he said that “a statement, even if defamatory, is not libel if it can be proven.” That remains judicial precedent to this day.

Personally I’m horrified at this new “Disinformation” board. With very few exceptions, Americans can say basically anything we want. The Framers made that part of their FIRST Amendment for a reason and we should be extremely concerned to that the Executive branch is setting up a Big Brother/Sister is watching group. While there has been a bit of walk-back of this, I’m not certain that I’m convinced.