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October 2, 2016
Law, Social Norms and Trump
By Nicholas Johnson
There are many valid categories of reasons to not vote for Trump. But a new one is evolving that may help save us from future Trump-like candidates and campaigns: social and political norms for acceptable, and unacceptable speech. That's what this column, and its fuller blog version, explores.
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"That's Not Nice. Next""Smothers Brothers Comedy Hour" head writer, Mason Williams, once urged the FCC and networks to lay off censorship and just rely on the following audience reaction to unacceptable speech: "That's not right. And that's not a nice thing to say. Next."
Is this a possible course for those concerned about Trump's hateful outbursts? It just may be.
There are hopeful signs that social norms regarding speech are beginning to join the other objections to Trump's candidacy -- his lack of political and governing experience, the character of his staff choices (some of whom had to be replaced), his policy proposals (e.g., building the wall, deporting 11 million, use of nuclear weapons), his untruthful utterances, his refusal to reveal his tax returns, and the 19 items involving his business practices noted above.
One source of those signs is what some solidly Republican newspapers have been writing in the course of not endorsing him: Dallas Morning News, Cincinnati Enquirer, Arizona Republic, Detroit News, Chicago Tribune, and USA Today.
It is significant enough that solid, conservative newspapers that have never lifted a figment of type to help a Democratic presidential candidate, or oppose a Republican, are now opposing Trump -- and sometimes even endorsing Hillary Clinton. And most, like USA Today, have identified and enumerated categories of reasons why he is unacceptable.
But what I find most heartening is the growing formulation of a set of social norms, or political norms, regarding what is, and is not, acceptable speech in presidential campaigns. If this continues, it may just save us from future political candidates assuming Trump-style campaigns are the new normal.
Here's what you and I can do:
Next time you see Trump on TV, listen to what he says, and if you find it unacceptable, say so. Say to whomever is with you -- or out loud even if you are alone -- "That's not right. And that's not a nice thing to say. Next."
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Former FCC Commissioner Nicholas Johnson lives in Iowa City, Iowa, where he maintains www.nicholasjohnson.org and the blog, FromDC2Iowa.blogspot.com (where there's a full version of this column).
Nicholas Johnson is best known for his tumultuous seven-year term as a Federal Communications Commission commissioner (1966-1973), while publishing How to Talk Back to Your Television Set, 400 separate FCC opinions, and appearing on a Rolling Stone Cover.
He's also served as a law professor; public interest advocate; administrator, manager and corporate representative; author, columnist, public lecturer, TV and radio performer; politician; and lawyer -- with experience in public health, media, computer and telecommunications policy.
A native Iowan, Johnson holds undergraduate and law degrees from the University of Texas, Austin. Following law school, where he was Order of the Coif and articles editor of the Texas Law Review, he clerked for both Judge John R. Brown, US Court of Appeals, 5th Circuit, and Justice Hugo L. Black, United States Supreme Court. His first professorship was at the University of California Law School, Berkeley (Boalt Hall). He later was an associate at the Washington, D.C., law firm of Covington & Burling, from which he was appointed U.S. Maritime Administrator by President Lyndon B. Johnson (no relation).
Following his FCC term, he served President Jimmy Carter as a presidential advisor for the White House Conference on Libraries and Information Services. He has also been a candidate for Congress in an Iowa Democratic primary, chair of a Washington-based media reform group, host of his PBS TV program, author of a nationally syndicated column, consultant to numerous countries on media matters, and appeared at hundreds of colleges as a public lecturer.
In 1981 he returned to Iowa City, served as Co-director of the University of Iowa's Institute for Health, Behavior and Environmental Policy, a member of the school board of the Iowa City Community School District, and accepted a position at the University of Iowa College of Law where he taught media and cyberlaw from 1981 until retiring from teaching in 2015 but still retains his office.
In 2009, Nicholas Johnson was selected as one of roughly 700 individuals described by Yale University Press as "leading figures in the history of American law, from the colonial era to the present day" in The Yale Biographical Dictionary of American Law.
He is the author of 8 books, and maintains an active Web page and blog.