The violence of Capitol Hill on 6th January gave birth to a demand solely advocated by Democrats that we should impeach Donald Trump for his speech. The Democrats accused him of instigating the violence, abusing his presidential power, and misdemeanor. To understand The constitutional legality of his impeachment, we need to understand the Constitution of America; Under First Amendment of the United States Constitution, it stated that prevents the government from making laws that regulate an establishment of religion or that would prohibit the free exercise of religion, or abridge the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances.
IN Schenck vs. United States Case 1919 Supreme Court of United States ruled that any speech intended to result in a crime and created a clear and present danger to the US not protected under the First Amendment, but this case result was overruled in 1969 Brandenburg vs. Ohio The Court held that the government could not punish inflammatory speech unless that speech is “directed to inciting or producing imminent lawless action and is likely to incite or produce such action.” During the Black life matters protest, Nancy Pelosi, representative of the Democrat Party and speaker of the house, said, “I just don’t know why there aren’t uprisings all over the country. Maybe there will be.” Vice President-Elect Kamala Harris, that “protesters should not let up,” if this instigation of Violence and civil unrest speeches protected under First Amendment then what’s wrong with Trump Speech “Trump On 6th January 2021 speech “Now it is up to Congress to confront this egregious assault on our democracy.
After this, we’re going to walk down, and I’ll be there with you. We’re going to walk down. We’re going to walk down, anyone you want, but I think right here. We’re going walk down to the Capitol, and we’re going to cheer on our brave senators and congressmen and women. We’re probably not going to be cheering so much for some of them because you’ll never take back our country with weakness. You have to show strength, and you have to be strong.” If we look at this transcript we can find this was not am provocative speech neither it instigates violence. One comedian named Kathy Griffin says Trump should inject deadly syringe ‘with nothing but air inside”.
This Impeachment becomes a political tool used by Democrats to suppress the voices which don’t align with their ideology. Recently Twitter suspended Trump account with the allegation that his tweets can instigate violence. Tulsi Gabbard, a Democrat party representative, said, “We take an oath to uphold our Constitution, to support and defend it, which includes supporting the freedom of speech of every single person in this country, It is really disheartening to see how people are so inward-looking at only supporting of voices of those who agree with them, rather than recognizing the country that our founders envisioned for all of us,” – Gabbard.
The Trump supporters went to Parler, which proclaim itself free from censorship. Alas, it’s servers de-platformed by AWS Amazon. Google delisted from Google play later Apple Store also delisted them. This is a great threat not only to the American Constitution but it also the people across the globe how these Big Tech Giants can become the enemy of free speech. Regardless of what party or ideology, someone held this censorship is a great threat to liberty.
