According to David Limbaugh, brother of Rush, the First Amendment does not apply to individuals our government has declared to be the personification of Evil. He writes:
We have no legal duty to accommodate the despot behind many, perhaps most, of the improvised explosive devices killing our soldiers in Iraq [funny how he knows this for certain]. The U.S. Constitution is not a global guarantor of civil rights. It does not protect the speech of foreign dictators. It was not written to safeguard al-Qaida’s rights or its sensibilities.
In other words, “Congress shall make no law . . . abridging the freedom of speech” features an invisible caveat, “except when the speaker is persona non grata with the U.S. government.” This, of course, is just the sort of invention of “penumbras” and “emanations” that conservatives have decried when the courts have employed it to rewrite the Constitution. I guess, though, then when you’re in a battle of Good (Bush) versus Evil (everyone who doesn’t agree with Bush), these sorts of legal niceties have to be thrown out the window for the greater good.
