Mr. Wilson Revisited – Breakin’ All The Rules

Well, the wonderful thing about politicians is that you rarely need to wait any length of time for them to prove you wrong. Previously, I had made a case that Congressman Wilson was not being uncivil, predicated on the point that he was bound by, and immediately followed, the required protocol and policies that all Representatives and Senators tacitly agree to when they take their oath of office.

Well, Joe decided that he was above the rules. His motivations were many, but chief among them are money and power. I guess when faced with playing by the rules or making a ton of money in contributions; the easy decision is to apply partisanship to your perspective of fair play.

Mr. Wilson stated that his apology to the President “was enough”. Not really. Not according to the code of conduct that Mr. Wilson agreed to abide by when joining Congress. His offense, while directed at the President, was in fact a violation of a Congressional code of conduct. When the leadership of the House and Senate decided to apply pressure and discipline, Mr. Wilson rejected it out of hand and then conducted autograph signings of his now famous angry face.

And, as with many things political, the entire incident has highlighted the near universal lack of understanding of how our government works. Many people have declared that Joe Wilson has a First Amendment right to call the President a liar. As a corollary to this flawed theory, they also say that Mr. Wilson is justified in his remarks because they are true. In the latter instance, the application of “school-yard-bully logic” seems to be at play. Being right doesn’t necessitate or pre-determine the need to break the rules or be uncivil. There is this concept called “civil disobedience”; and it is called civil for a reason.

For those who style themselves champions of free speech, I expect little consideration of the following point. The freedom of speech is not an inalienable right. Here is the actual text of the First Amendment:

“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 peaceably to assemble, and to petition the Government for a redress of grievances.”

The First Amendment is a civil liberty. The pursuit of life, liberty and happiness are natural, or inalienable rights. The freedom of speech is a conditional liberty. This is why the Supreme Court spends a substantial amount of time determining what is protected speech and what is not protected under the First Amendment. A lawyer in Florida was recently disciplined by the Bar for having blogged negative comments about the judge presiding in his case. The Bar and the Florida State Supreme Court ruled that the attorney had no protected speech rights, because “When you become an officer of the court, you lose the full ability to criticize the court.” As stated by Michael Downey, a professor of legal ethics at Washington University law school.

And, why are lawyers restricted in their ability to criticize the court? Because they have agreed to a code of conduct, just as our Senators and Representatives have. Because a courtroom with out civility would function just as well as a Senate floor without civility.

So, ultimately, money and power and the selective application of our own Constitution have been used as excuses to justify uncivil behavior. Our problem in America isn’t the disappearance of civility, it is the continued justification that incivility is acceptable. Many people are calling Mr. Wilson’s discipline an insult, because everyone else in Congress – Democrat or Republican – is just as corrupt or behaves just as badly. So, we determine when, or if, we will be civil only if someone else is being civil? Maybe when we stop making excuses for being bad, we can start being good.

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