The thirteen former English colonies that fought the War of Independence represented by the stripes on Old Glory had been ruled under English Law. Amongst these laws was Lésé majesté which potentially punished any expressions of that may offend the Crown and while rarely used some forms of the law still exist in modern times.
Fundamental right
One of the victories of the Revolution was the right protected under the First Amendment. This right allows citizens and residents to freely express their opinions in a non violent manner without fear of punishment.
This right is one of the most precious of any Democracy and the most important expression of this freedom is in fact by the ballot box and thus to be able to elect the country’s leaders.
As a result of this freedom of expression, politicians and particularly Presidents are subject to constant comment, praise and criticism from the general population as President #Donald Trump has learnt in the week and a half since his inauguration. In addition, the President has also learnt that some of these expressions may not be gentle or generous towards his image or person as his protests against the television programme Saturday Night Live can testify. This is one of the prices any President must pay when in Office and it is a fundamental symbol of the Freedom won in 1776.
Democracy not Absolute Monarchy
The United States of America proudly stands as the world’s first modern Democracy which put into effect the basic rights and freedom that many migrants seek when they try to flee tyrannies and oppression. These rights separated the two Blocs that fought the Cold War and are still strong symbols in the modern day international struggle between America, Russia and China, without forgetting those fanatics who are seeking to form Moslem theocracies in the Middle East and Africa.
For this reason all those who seek public office would do well to remember that Lésé majesté is no longer a crime in the United States and in fact the expressions it prohibited are now protected by the Constitution. This right was won by the blood of those who fought in the Revolution and made more precious by those American soldiers who fought and still fight against fanaticism and oppression.
Democracies can and do make mistakes as we have seen not only in the United States during the Civil War and the Jim Crow period. But these mistakes have always been rectified by adherence to the basic principles contained in the Constitution which the Supreme Court uses to measure the suitability of any Law. For these reasons we must remember what Lésé majesté represented and understand that any law to protect politicians from criticism simply brings it back into American Law under another guise.
