Tag Archives: constitutional rights

“He Could Easily Destroy Us”

“Amazingly, as of tonight,” new host Tucker Carlson declared in hopes to build anticipation for a Twitter broadcast, “there aren’t many platforms left that allow free speech.” While Fox News took Carlson’s show off the airwaves, he promised to return quickly on the social media platform owned by Elon Musk. Having worked for networks across the political spectrum, from CNN to MSNBC to FOX, Tucker Carlson seems to know what he was talking about. Musk seems to have promised the very sort of guarantees of free speech–a lifting of all monitors or warnings about misinformation or the content of posts that were adopted in the 2016 election–by deciding to remake Twitter a site of “free speech” without any restraints–indeed the very safe haven for “free speech” that right wing pundits and partisans had long demanded. In rescinding any bans on political ads on social media sites, by which social media sites sought to dissociate themselves from political messaging, Musk set the basis for rolling back misinformation set a new standard that opened the gateways to racist, antisemitic, and homophobic tweets. The new notion of normative “free speech” led to the “unbanning” of accounts of high-profile polarizers with a limited relation to truth-claims–as “free speech” become more woolly and capacious as a form of entitlement.

But when he called his own de-platforming as a suppression of his right to speak his thoughts he claimed a constitutional liberty, invoking his freedom of speech, he raised the stakes to a boiling point to appeal to his viewers, inviting them to feel that they had an ability to preserve their one sense of “free speech” by moving, with him, from mainstream media and network news to the social network formerly known as Twitter. In parallel to the truly terrifying and unprecedented loosening of all restraints or gatekeepers on increasing hate speech and an efflourescence of antisemitic content on the social media platform per the University of Southern California’s Information Sciences Institute dating from Musk’s aggressive takeover,

New Twitter, now with more hate

the same man who holds a disturbing dominance of global satellites via Starlink, Musk seems to have invited Carlson–and Trump–to help him enter a new space of media dominance. Already, state sovereign governments accused the owner of the network once known as Twitter of steering public discourse into a sovereign-free space by a Global Internet Satellite Network in dangerous ways. The network is perhaps designed to enable and feed off of, a new model for unrestrained public discourse, the likes of which we have never known, but will be augmented by 7, 518 low-earth orbit (VLEO) beyond 4,425 existing satellites, functioning as a cross-linked satellite system. If the social critic Roland Barthes prophecied with something akin to ecstasy that when labor-saving devices of the very sort that Musk’s self-driving cars promote would replace any need for work and “when progress will have rid men of every manual task, they will then to do nothing but discourse and kiss!” perhaps all they will actually do is follow. social media with bated breath.

Musk’s stated goals to make the social media platform X into the central staging ground and media feeding ground for the 2024 United States Presidential Election would be making use of Carlson–and of Trump, if in a quite mutually beneficial ways, suggests something like an alternate reality, surrounding earth with so much space junk to cause many astronomers to complain it is poised to compromise observation of far-off galaxies and nearby asteroids alike, weaving a web cocooning the earth’s atmosphere with the new litter of space junk: if geographer-artist Trevor Paglen warned geographers in 2016 to retool the focus of their disciplinary lenses on the immediate extraterrestrial pathways of satellite space, Musk forces Paglen’s cautionary argument.

This illustration of Starlink, a fleet or constellation of internet-providing satellites designed by SpaceX, shows roughly 4,400 satellites of the project’s first phase deployed in three different orbital “shells”. Photo: University College London

Yet this business plan is far more than a conceptual art. It seems to strike at the heart of the news media system, and approach the predictive algorithms of psychographic profiling that Cambridge Analytica allegedly launched back in 2016, by opening up a free-for-all of communicative pathways.

Is this planned chaos? If Tucker Carlson’s decision may break his contract, it was a way of sticking it to his former employer. Many were surprised Carlson has continued to act as a center of gravity on “X,” posting interviews not affiliated with any broadcaster as if they offered uncompromising and unclouded evidence of “free speech” on the sole platform where it existed–X, as in SpaceX, a floating signifier able to carry any informational content. While the notion of a global lock on the news by a media elite is hopelessly outdated in an era of the fragmentation of monopolies by corporate news behemoths of a previous generation, the new libertarian owner of X has studiously tried to lead rapt listeners by a drip drip drip of insider news and heightened expectations for unvarnished honesty unavailable outside respected news channels–“More interesting than you think,” promoting the platform as “humanity’s collective consciousness,” deleting the ability to block other users, and hijacking other platforms. In rejecting formats of debate sanctioned by political parties or authoritative streaming service, Carlson was almost perfecting a cult of personality, more than the respect for the U.S. Constitution, that would of course appeal to the indicted former President, seeking to convince the nation he did not violate the U.S. Constitution, Donald Trump. (Trump pre-recorded an interview with Tucker Carlson to broadcast the first debate of Republican candidates for President on X, thumbing his nose at FOX executives by announcing he will miss the debate of a race for which he is front-runner, in a clever bit of strategic counter-programming designed to depress FOX revenues after they had let him go.) Although Carlson claimed to hate Trump “passionately” and “couldn’t wait” until the television network was able to ignore him, after a last-minute deal led Fox to cease broadcasting Tucker Carlson Tonight, Musk’s network fed the former President into Carlson’s new platform.

But if Carlson believes that he is entitled to continue to broadcast in Tucker on Twitter, claiming his continued “rights” to speak his mind to his base, having lost his broadcast platform, the lack of understanding individual liberty–and indeed rights–tell us more about his misunderstanding of rights–and the individual’s relation to the state in a democracy, even if he was talking about broadcasting more than “speech.” Carlson claimed that he had been ‘cancelled’ as if it were an honor and his destiny. “Tucker will not by silenced by anyone,” boasted Carlson’s lawyer assertively, as if going on the offense to guard the rights of a man whose “singularly important voice on matters of public interest” should be acknowledged to play a major role in the past as well as coming elections. Carlson’s lawyer claimed his client was in danger of being forced “be silent until after the 2024 election,” insisting that the broadcaster had every right to bond with the nation as effectively as that 2020 election map that froze ed and blue states into the logo of his NewsHour. The blurred luminous map that was the televised subconscious of the Republican Party was suddenly no more.

From decrying of “cancel culture” nightly, is it possible that Carlson “won the cancel culture lottery” by being able to port audiences to Twitter and outfox Fox? For Tucker Carlson, the dismissal from Fox was a slight that led the often over-confident anchor to be utterly confused: “I was first confused, and then shocked,” he claimed. “It was just, ‘We’re taking you off the air.’ No explanation why, and they’ve let me guess ever since. That’s literally all I know. I asked if I violated my contract. They said, no, I’m not fired, I’m still under contract.” The cancelling of Tucker’s airtime, he would argue in his defense, would cause damage to the nation, against the very constitutional freedoms that have defined the republic, might not be that absurd. While he suspected the “cancellation” was due to his strong opinions about the Ukraine War, rather bombastically linking himself to geopolitics with characteristic sense of disproportionate self- importance, noting that even if Rupert and Lachlan Murdoch “definitely didn’t like my views,” Lachlan, News Corp’s co-chair, was fine they disagreed. “The Murdochs were fine about Ukraine,” even if Tucker had mapped the conflict in curious ways that denied Ukraine’s sovereignty so blatantly they were rebroadcast on Russian state-owned news.

Intentionally sewing a cunning cartographic deception in coloring “Ukraine” and Russia by the same color–and not only Crimea–as if to dupe listeners into thinking the war a mater of secession, confusing the question of Ukraine’s pre-2014 and pre-February,2022 borders by arguing that Ukraine was unreasonably demanding “taking Russian Crimea from Russia” as a hostile act. In asking if NATO was “determined to go to war with Russia,” Carlson may have been exercising free speech, but was rather deviously and dangerously questioning Ukraine’s sovereign status. (Yes, Carlson had insisted, invading Ukraine would lead, as Russia said “many times, . . . would lead to nuclear war” and likened its Prime Minister to the “manager of a strip club” but was entitled to his free speech by his constitutional rights.)

In Carlson’s Fox Newshour, he had long decried how “fear of being ‘canceled’ due to unpopular political and cultural opinions or unsubstantiated allegations, often amplified with viral Facebook, Twitter, or Instagram posts, has become a serious issue in America.” Against the spectre of cancellation haunting North America, Carlson promised to tell audiences the stories of the victims most affected by it, presenting himself as the defender of a toxic cancel culture, found himself the most recently wronged star of the epidemic afflicting America, mutatis mutandi, rather than admitting past lies or apologizing. Rather than being a fractured shifting the newsmedia landscape in America, Carlson’s departure from FOX after six years was recast as typical of what was wrong with America, not the systemic lies about election fraud helped keep Trump’s cause alive.

This was now about his personal survival. Tucker Carlson long championed his role at Fox News as mediating the relation of individual to the state in a new electoral map. But his rhetoric reflected a disproportionate sense of self that seemed inflated by the podium Fox News had offered to address the entire nation, and to do so with the aim to magnify partisan divides. So much was suggested by retaining as an electoral map as the logo for the news show, which saw its survival as beyond any one person, and tied to nourishing and maintaining the new sense of national identity that 2016 had created with Carlson’s own help. With Carlson leaving the network, FOX seemed to have lost faith in the election map as an icon of the future, or the foundation of broadcasting, even if they had long promoted the Big Lie he had won the 2020 election. In getting rid of Carlson, they were cashing out of that long-iconi 2016 electoral map.

Carlson had become a global figure, far beyond the nation. He had relished this role as an icon of a movement beyond national borders, wishing “Godspeed” to all the Americans in Hungary as he bonded with the Conservative Political Action Conference that met overseas as promoting a fight that had begun at home as if he were a bystander in a conference that served as a platform for containing the “virus” of recognizing civil rights of migrants, LGBTQ, or the content of educational curriculum and, indeed, the press. The CPAC meeting of May, 2023 for which Carlson broadcast a prerecorded segment from his old FOX studios seemed a lovefest of sorts, as the Hungarian Prime Minister exlaimed “programs like his should be broadcasted day and night” in ways that only suggested Viktor Órban’s own tight control over broadcast journalism, as much as it recalled Soviet-style Cold War press beneath the blustery banner of questionable humor, “This Is No Country for Woke Men.” Cormack McCarthy, RIP.

Tucker Carlson Addresses Budapest CPAC Remotely in Pre-Recorded Statement, May 2023

The future conditional Carlson used to imagine his future firing in the segment he pre-recorded in the Fox Studios eerily anticipated his own actual dismissal from Fox News–Dominion Voting Systems already had filed its case by March, 2023, two months before Carlson spoke via video link at CPAC; it had perhaps already hinted–if this was never recognized as a demand of the legal settlement–that Carlson be released from the network. Tucker Carlson had already entered some legal hot water after parroting false claims of “massive electoral fraud” that seemed filtered straight from QANON screeds, in ways that had raised questions of how much Free Speech a broadcast journalist, if Carlson can be called that, enjoyed, even for Rupert Murdoch.

The global reach that Carlson’s news show had attained–despite its focus on American politics–suggested a pivot from the fomenting of electoral divisions that were made manifest in 2016 to a crusade of sorts that might continue unmoored from his old employer and old studio. The “pivot” was from a map of red versus blue states to anti-globalism, an agenda that’s been central to Carlson’s Twitter monologues on Ukraine, the truth of 9/11, and questioning the legitimacy of mainstream media. Tucker on Twitter became rebranded as a sort of Lone Ranger against globalism, as he had always been, to be sure, but was now holed up in his Maine house without the accoutrements that FOX had refitted in an old Grange Hall near his Bryant, Maine country house, as an improvised if convenient studio, but continued to tilt, a Sancho Panza for the new millennium, against globalist windmills–immigration; NATO; LGBTQ+ rights–snug in his own house in Maine seemingly from his own iPhone, where the Bill of Rights was pinned behind him on a rustic pine wall. There was something of a new mantra he seemed to have prepared for the new “show,” as much as the electoral map before which he had pontificated as he delivered the newshour in past weeks: “Free speech is the main right that you have. Without it, you have no others.” But this was not really a broadcast, or a news show, as much as the invectives of infotainment of another era.

Twitter was in a sense “outside the law”–or it least, this is what made it so welcoming in Carlson’s mind, as a terrain in which he might reasonably claim First Amendment rights–and Tucker indeed concluded his first monologue with a rousing pitch for Twitter as a platform to which all were entitled to spew lies.  “Twitter has long served as the place where our national conversation incubates and develops. Twitter is not a partisan site. Everybody’s allowed here, and we think that’s a good thing,” Carlson wound up his monologue as the all-new Tucker on Twitter, reminding viewers that even as he remained under contract to FOX News, that Tucker on Twitter was a guarantee of their own rights: “Free speech is the main right that you have. Without it, you have no others.” Twitter isn’t mentioned in Carlson’s FOX News contract–as Brian Stelter, the latest chronicler of the struggle between Fox News Network and American democracy, has suggested might inform Carlson’s own legal strategy. Carlson may imagine that his Twitter monologues are a form of Free Speech, tied to his public persona beyond any network, rather than an expansion of the invective-spewing persona of the character he cultivated on Fox News for alt right constituents. The fiction is that Twitter exists beyond the nation-state, as would please Elon Musk, and beyond legal enforcement of his contract.

For his part, Carlson groused on Twitter few platforms allowed free speech anymore, in quite strikingly globalizing terms,–Twitter was “the last big one remaining in the world,” he seemed to seek to embarrass his old employers, and maintain his bond to viewers by portraying the news network as yet another curtailment of American rights. Carlson celebrated his presence on Twitter–whose owner Elon Musk had already hoped would be center stage in all future elections–to play defense on his de-platforming, but boast that his appearance on social media would be a defense of his personal rights, as well as a protection of the nation. It is as if Musk had advised Carlson’s grousing as a way to invalidate a contract by which he was “prohibited from rendering services of any type whatsoever, whether ‘over the internet via streaming or similar distribution, or other digital distribution whether now known or hereafter devised.'” He felt he had a deeper bond with his audience, or to American voters, to be silenced in the political arena til 2025.

While Fox was forced to let go of Carlson’s highly rated show as an agreement in the recent Dominion case, in which his sustained denial of the 2020 election results and defamation of their voting machines was so central, leaving a $20 million salary was only part of the network’s $787.5 million settlement with the voting systems company–Musk must have been more than happy to scoop up the highly ranked news show was appealing to one of the few billionaire with a powerful hold on news information that reaches what is left of the public sphere. While Carlson accepted a severance package from Fox News, he seemed to continue to speak from an old place on the map–as a defender of specious rights, inexistent privileges, and imagined protections, more akin to the notion that January 6’ers were exercising their freedoms by entering the U.S. Capitol, or that former President Trump had a privileged relation to the law. While Carlson believes his Twitter account is protected Free Speech, he confuses his media presence and his right to public speech.

Fox News and Dominion Voting Systems deny they demanded the removal of Carlson from the cable network in their legal settlement. But Carlson is portraying his dismissal as a denial of his rights to free speech in ways Musk must deeply enjoy. After being kicked off of Fox News’ platform. The map before which his divisive news hour had long aired as the highest rated on air suggest the dedication of his show to the sharpening of the nation’s political divide, however, as much as Carlson grandiosely claimed his rights to Free Speech as a reaction to his sudden and surprising de-platforming. The logo of the 2016 electoral map might be seen as a sign of the relative provincialism of his successful news hour: far more significantly, it was a sign of his opposition. to “mainstream” news media. If the CBS evening news had refurbished the Mercator projection of the world before which Walter Cronkite had presented the news from 1962-81 as an image of moral probity, which the station would refurbish in 2018, after having in 2016 swapped it out for video panels, the world map that had long been an emblem of trustworthiness and impartiality–

–was quite quickly recast as informed by bias, in an American political landscape defined by division, rather retreated from claims of objectivity. By 2015, CBS News featured not the flat wall map before which Walter Cronkite had delivered the nightly news with some probity, modernizing it as an extruded map colored bright gold, to keep in line with the times of HDTV, the post-election package designed for the news was thrown out by Carlson’s Newshour, which flattened the world to red and blue states. The smirk with which Carlson was ready to gloss the map, often blurred as it receded into the background, became glossed every night for 2.7 prime time television viewers in 2017, in what might indeed be called a nation within a nation, and a significant voting bloc.

Never mind that CBS had started to use the revolving globe as its new icon of global news by 2009; Carlson’s map was a rebuttal of globalism, and global elites, cast against mainstream media and committed to revel the insidious interests by which the actual news in America was now defined. Tucker used an idea of Free Speech to deliver the unvarnished news, political beliefs born proudly on his sleeve, as Les Moonves of CBS celebrated a refurbished replica of the dimensional world map in a model TV studio in the Cronkite Memorial of Missouri Western State University in 2015.

This was not, of course, anything like what Free Speech meant, for the Founders. But Carlson cast his “deplatforming” as a violation of a foundation liberty. Carlson had of course recently re-aligned himself with “free speech absolutist” Elon Musk’s proclamation that Twitter was the new public town square of democracy. Tucker Carlson Tonight was dedicated to championing the freedoms Carlson championed on his long-lived show, whose life tracks neatly against the Trump Presidency, prolonged a bit by election denial into 2023, promoting freedoms that were portrayed as “under attack” from the left, while he assured his audiences that all other media “have succumbed to Trump hatred so obsessively . . . so much that they’ve begun to dislike the country that’s elected him,” rather than his open attacks on immigrants, civil liberties, racism and religious “freedoms,” and courting of the alt right. (The popular election of 2016 had of course tilted to Hillary Clinton: but, as seen in the header to this post, Carlson obscured that nightly, commenting on ‘news’ before a 2016 electoral map as if it revealed an actual national status quo.) The text messages admitting he “absolutely can’t stand” a former President who “could easily destroy us” may have seemed to destroy his longtime brand and public trust, declaring he long “hate[d] him passionately.” But Tucker Carlson flamed out in the light of the Dominion lawsuit.

Yet Carlson has continued to promote and his election denialism, calling 2020 a “grave betrayal of American democracy.” But he had undermined trust and credibility for the right, and as the attack dog on civil liberties that Fox News had birthed. Fox News sought to restrain his appearances on Twitter, Carlson announced he would never “be silenced by anyone,” as a lawyer leading the Center for American Liberty sought to defend his continued broadcasting on social media platform as protected by his First Amendment rights, and promoting it as a venue for his “response to the indictment of Donald Trump. The complicated story of how the Dominion suit involved the departure of Carlson from Fox News platforms led him to claim higher legal precedent, bizarrely claiming the infringement of his own personal constitutional rights of free expression, going it alone on Twitter as a confidence man of his own, even building a news room of his own in a work vest, plaid shirt, and axe, as if he were defining a new media frontier.

Carlson in his wood shop attached to his studio. (Gillian Laub for TIME)

Gillian Laub, Time

The ‘freedoms’ with which Carlson long aligned his News show did not only reflect his own opinions: Fox News promoted many of the causes promoted by non-profits of the right, as the Center for American Liberty, that promotes religious freedom, targets protests of Black Lives Matter, Covid restrictions, or gender-affirming healthcare, as a sort of ACLU in reverse, founded in 2019, in response to “anti-free speech” and “anti-civil liberties” trends, dedicated to “holding those who destroy our civil liberties accountable through the courts” and promoting “traditional Judeo-Christian values,” by pursuing suits against school boards, Kaiser Permanent, parental rights, alleged victims of Antifa violence, the vaccine mandate by suits intended to keep schools open, and indeed “Big Tech Censorship” that included both Twitter and PayPal as “oligarchs who threaten American values.” Carlson now elevated Twitter as a bastion of Free Speech in its new owner’s vision. (Tucker Carlson has incidentally elevated Twitter from ephemeral media to a repository of apparently considerable historical significance: his alma mater Trinity College features in Fall, 2023 a co-taught course in Writing, Rhetoric, and Media Studies departments, for which Carlson and Jesse Waters assign reading all of Trump’s tweets as a corpus, beside the post-Civil War inaugural of Andrew Jackson and Adolf Hitler’s Mein Kampf.)

While it was hardly new that Carlson acted aggrieved, as if his own rights to free speech had been denied, by recasting his own abusive behavior as a preservation of rights he seemed to tailor a new sense of free speech familiar to his demographic. The “denial” of free speech rights was a relatively recent bête-noire of the alt right. From calls to speak out “against the numerous attempts by college administrators to limit and attack students’ free-speech right” as “free speech zones” that were argued to restrict “a culture of free expression and develop in students a robust ability to reason” began a narrative of repressive left Carlson seemed to parrot. The multiplication of “free speech zones” at political conventions, areas of protest, or during the war on terror made the mapping of areas guaranteeing freedom of expression protected by the first amendment a contested concept of civil rights–isn’t the entire country a free speech zone?–and the emergence of “free speech zones” on universities have created real limitation of public protest and had restricted freedom of speech at over three-quarters of universities–even as judges have questioned the limitation of “free of speech zones” on campus, and legislatures in multiple states passed prohibitions that outlawed the establishment at campuses of “free speech zones” in conservative states suggesting the different natures of “free speech” in a starkly divided partisan map: Kentucky, Missouri, and Virginia became sites championing “free expression” and “individual rights in education” from 2014-17, as claims to “free speech” preventing restrictions on political or hate speech grew in the aftermath college protests of the election of President Trump. Legislatures restrictions on the curtailing of free speech zone polices, as a ballast to academic freedom,–

–in ways that alt right media like Breitbart embraced as a the rewriting of claims to free speech, claiming censorship by universities, as if to protect free political expression–even if such expression embraced incendiary anti-immigrant rhetoric–that challenged boundaries of “free speech” in unexpected and unprecedented ways that Carlson seemed to invoke more than the Bill of Rights had ever intended. While he cast his intentions as an echoe of the First Ammendment, Carlson’s own pursuit of polemics pleasing the alt right white supremacists was long known–it seemed he had targeted the demographic in attacking mainstream news–to provide alternative news able to unite an increasingly intolerant partisan political constituency that was as rooted in anti-intellectualism as it fetishized the freedom to hold hateful positions. Free speech was expanded as a megaphone of public address on social media, as the logo of “Campus Reform,” a news organization backed by the funders of Breitbart, dedicated to exposing liberal “bias and abuse” in American universities and colleges to delegitimize higher education around issues of free speech.

As the new terrain of “free speech” expanded from civil liberties to anti-immigrant rhetoric to Black Lives Matter to anti-vaxxers to mask-wearing, it embraced shelter-in-place policies in the COVID-19 pandemic, school closures, and public health responses before election denialism. Ever broader and broadened concepts of “free speech” became a surrogate for perpetuating persistently deep fissures in the body politic, boosted in no small part by Tucker Carlson’s news show on FOX. Tucker Carlson Tonight embraced an algorithm oriented to the distortion of free speech, and created a demographic that distorted free speech from the freedom of parents to protest school curriculum, as learning institutions were attacked as restricting abilities of open inquiry and “debate” by mandating reading lists. “Restore Free Speech Acts” had earlier emerged in local state legislatures to push back against such perceived restrictions. Carlson reached back in his recent relaunch on Twitter–his first appearance on airwaves after leaving or being let go from Fox News–to echo the image of a restrictive environment of free speech by those who sought to push the envelope of foundational freedoms and the Bill of Rights as protecting the open circulation of ideas online, and the end of “free speech zones” at universities that legislators had introduced back in 2017–more than the Bill of Rights that was framed in 1789. The partisan legislatures tied to red states, from Texas to Louisiana to Kentucky, vacated the “free speech zones” on university campuses, long before Donald Trump.

States Where Bills Preventing Campus Restrictions on Free Speech Were Introduced, 2017/Campus Reform

Maps of free speech seem to have broadened to free speech zones in the media, often adopting notions of free speech not based on expression but social media platforms and the fears of a restriction of political speech in a specter of de-platforming. Broadened claims for the protection of free speech was condensed to an electoral map every night on Tucker Carlson’s popular news hour. As Free Speech was rooted in the algorithm that brought his messages to millions and reached the right audiences, invoked against deplatforming, as if his sprinkling of volatile statements designed to open a greater cleave in the electoral divide was rooted in a freedom to collapse complicated and considered political debate into an ongoing strategic battle between two parties and ways of life. To be sure, this was “free speech” as understood in terms of a search for ever-higher ratings, a “free speech” that was in a sense modeled after alt right journalism, coopted by @realDonaldTrump, “liberties” easily seen as shaping a battleground for electoral votes.

What Painted Us So Indelibly Red and Blue?

The understanding of “fundamental freedoms” that expanded the electoral footprint for partisan ends was a great feature of his Fox Newshour that was embraced by Lachlan Murdoch and Rupert Murdoch, until the Dominion case. As much as due to unethical improprieties, the settlement with Dominion seems to have stipulated that Carlson cease to appear on Fox News, who curtly if promptly decided to “thank him for his service to the network as a host and prior to that as a contributor.”

Tucker Carlson sought to stake out somewhat familiar higher ground. Carlson’s post may have channeled Musk, who cast his social media network at the center of a “battle of civilization” in promoting Twitter-without-monitors as a vanguard of free speech, tweeting out, “if free speech is lost even in America, tyranny is all that lies ahead”! As Musk tried to represent or rebrand social media without constraints on hate speech or disinformation as American, issuing the latest iteration of his Messiah complex on his private social media platform, gaslighting the nation has long been Tucker Carlson’s principle trade. Branding of the social media platform as a venue for free speech may have been suggested by Musk in an invitation of Carlson–the most offensive of pundits–to the social media platform. Carlson waxed elegaic on free speech as the rarest commodity, affirming dedication to protecting speech though he lost the platform of Tucker Carlson Tonight, the highest-rated show on Fox, as if his departure his new venue was his free choice, or a changing media landscape, not how his own alienating comments and actions left him damaged goods.

The global scale of Carlson’s claim about Twitter was absolutely self-serving, to be sure, as much as an illustration of Musk’s uniquely deceitful brand of “free speech absolutism.” He sought to flatter Musk, his new platform’s host and sole proprietor, and to offer a powerful dig at Fox News, by upsetting the algorithm in his own favor, as if he were able to wrest it back from the Murdochs by becoming his own media figure, so much as Twitter offered him the chance. He claimed to have thrown his lot the last remaining safe space in media, and turning his back on television in disgust. Carlson was long habituated to rail against the media, and offer the alternative story of the disaffected and aggrieved. But this time, aligning himself with a “free speech absolutist” eager to attack Twitter for “failing to adhere to free speech principles” as a platform before purchasing it, and doing so only to make it a “public town square” of democratic value. Yet he fired all objecting to his corporate policies and politics, if he felt censorship of a social media platform was unethical. The two-faced nature of Musk firing employees he disagreed modeled ‘free speech’ as a fundamental freedom born of a social media ecosystem.

Long before Carlson’s revisionism of the January 6 Capitol riots, calling “mostly peaceful” the violence begun as President Trump dramatically enjoined crowds assembled before the Capitol building to “fight like hell” to contest 2020 election results then being tabulated by Congress, Carlson forged the combative nature of “free speech” as a pragmatics of perpetuating hyper-partisan social divisions of a sharply polarized nation in alt right media as the Daily Stormer. He perpetuated divides displayed in a dated electoral map of 2016 as a battlefield map on the new show premiering after Trump’s inauguration in 2017, as a realpolitik of broadcasting. When Kevin McCarthy gave Carlson secret footage of the Capitol Riots to allow viewers “to see the truth” of “exactly what transpired that day” in a “media exclusive,” he perpetuated claims of election fraud he claimed protected by a freedom of speech. And if the riots were dedicated to the resetting of a historical narrative and apparent shift of legitimacy–a shift of the historical understanding of the nation, oriented not to 1619 but to 1776 or 1492, the historical recreationism of January 6 was not cosplay but a rectification of revolutionary time,–a restoration of white men in Washington, and a right to bear arms, and to restore racial supremacy, all of that was embodied by Tucker Carlson.

Although he had hosted a news show for six and a half years since Trump’s election, before a map of the fragmented nation polarized by partisan divides; free speech, he suggested, no longer existed on mainstream media. However, he was without the tell-tale map that was a longtime logo for his news show–a news graphic of 2016 that had become the permanent illustration of the status quo he sought to address, and to filter all “current” events, as if in a time warp from the 2016 Presidential election, that showed the country divided, or nation split, into two sharply divided nations, hued red and blue, that formed the perspective to which his commentary was addressed. Immediately after Trump’s inauguration, Carlson was broadcasting live from Washington DC, promising to guide the nation on “a live hour of spirited debate and powerful reporting each night, as America gets set for the administration of President Donald Trump,” while only addressing half the nation. While preparing perspectives on news able to “bring you to every corner of America to hear from you and tackle the issues you care about” engagning “what the other outlets are missing and what the media isn’t telling you,” Carlson’s brand was to supplement the mainstream media by dedicating himself to “calling out the status quo in his signature style,” using his status as founder of The Daily Caller to reach a large 2.8 million since starting to air, and gaining viewers across demographics by speaking to a divided United States electorate by presenting issues through the fierce urgency of now.

Or was this an image, a counter map of the traditional newsman that showed the planet since the studio of Walter Cronkite, a representation of the new limits of the expansiveness of free speech? The visualization of the continental United States–the lower 48, and the continuous heartland at its center–offered an image of belonging that was talismanic for the TV audience, and a powerful image of belonging in an increasingly atomized United States, bowling alone and with few ties in its neighborhoods. Carlson was its prophet and its oracle, and effectively ventriloquized the divides with such success that he had become a channel for Donald Trump himself. Despite his affirmation of the stolen election, and the credence he gave to January 6 protestors, without that map Carlson was suddenly weaker, suddenly punctured by the actual news.

Carlson’s celebration of his relation to the partisan position of the former occupant of the Oval Office and to the Trumpian talisman of his news show was far less powerful, even after January 6.

Tucker Carlson strongly criticized for Jan. 6 comments after airing footage  from Capitol attack - CBS News

The map of the Lower 48 was a nice means to deny global warming, to ignore weather maps, or international politics, and even the real pressure migrants face. It was an image of the New Isolationism, America First for the twenty-first century, an image without rising temperatures, sea-level rise, or global economic forces beyond Americans’ or America’s control. Yet in a few weeks, Carlson was deemed a social liability by Rupert Murdoch, after winning unprecedented ratings as Lachlan Murdoch’s darling, as the Dominion lawsuit unwound and his own indefensible offensiveness was revealed. In a departing dig at Fox News, as well as an encomium to the social media platform he was about to join. Yet without the map of a permanently divided landscape of politics, promoting a polarized landscape split by partisan hues as a different reality, the values that Carlson was suddenly so desperate to fall back on–the Bill of Rights–as a language of the aggrieved was all too inappropriate and far less credible or effective. A trademark of he tried to remind his most loyal viewers that “Speech is the fundamental prerequisite for democracy”–as if speech were the same for the Founding Fathers as in an age of de-platforming, claiming a right of redress as an aggrieved media pundit, hailing Twitter as a unique preserve of republican liberty. (This much must have come as music to Elon Musk’s ears, who convinced Ron De Santis to declare his own candidacy on the medium–even if that didn’t go so well. But it didn’t break Twitter.)

Tucker Carlson may have had few grounds to claim free speech was violated, but there was of course a clear precedent for claiming such rights of free speech. For this formed the grounds by which Fox News lawyers had quite successfully defended him in a recent defamation case brought by Karen McDougal, who Calrson had treated as a punching bag while at Fox News with something like barely concealed glee. Fox News lawyers had successfully argued Carlson was in his rights to speak derivatively of McDougal, the 2020 verdict of a federal judge agreed, as no “reasonable viewer” could be expected take his show literally–he was, it ruled, “not ‘stating actual facts’ about the topics he discusses and instead only engaging in ‘exaggeration’ and ‘non-literal commentary.'” The successful dismissal of claims of slander was made on the grounds that “Mr. Carlson’s statements were not statements of fact,” and could not be interpreted as defamatory as such. The indefensible on-air statement that McDougal had “approached Donald Trump and threatened to ruin his career and humiliate his family if he doesn’t give them money,” as if she were an extortionist. (The court ruled Carlson’s words could not be interpreted as slander, or containing “malice” as but, as FOX lawyers argued, “delivering opinion using hyperbole for effect,” in an odd echo of how Donald Trump advocated “truthful hyperbole” to negotiate good deals in his 1987 Art of the Deal.)

Carlson seems to have accepted the verdict as a sort of license of his defensible rights to issue slanderous broadsides by converting political debates or even personal actions into the crisp colors of a partisan divide, a divide that was embodied as it had never before been by the very electoral map he used as a backdrop if not leitmotif for his show since its 2017 premier on Fox. He had staged a nightly news show to gloss the partisan divisions of a polarized landscape as the new status quo, harping on cultural resentments that divided the nation by district and county, as they existed as his show began, as an electoral landscape he would perpetuate and perhaps expand, and reinstate beyond the divisions of 2017 as a permanent map by which to understand the news–and the place of the nation in the world. Keeping open the sharp divides of a seemingly “continuous” red block and fractured blue in place was the grounds for his daily show, and the work of perpetuating the map had become glossed as a form of free speech.

cook report map 1

 Cook Political Report, 2017 

Having left the highest rated show on cable news for huffing it on his own, he invoked his rights to free speech again, as he attacked mainstream television itself. This time, his status as an outspoken commentator was infringed by his former employer, it appeared. He sought to invite his audience to follow him onto the new Twitter platform, as if it was a preserve of free speech. He had discussed the infringement of rights–from the rioters of January 6, whose peaceful invasion of the Capitol he culled from exclusive footage of the thousands of hours Kevin McCarthy granted of “secret” footage that day, to Donald Trump himself–in recent shows, using free speech as a sacred cow. The protection of freedom of speech that Carlson had conspicuously denied Black Lives Matters protesters–who he disparagingly cast as a mob whose violence that threatened the nation–clothed both January 6 protestors and his own show. Never mind that Representative Zoe Lofgren, D-CAL, who had served as a member of the January 6 Committee, felt that Carlson’s broadcasting of the footage “a road map to people who might want to attack the Capitol again.”

In presenting himself as a champion of Free Speech, Carlson claimed the higher ground, as if his constitutional rights had been infringed, in ways that were not only aggrieved. Of course, his rights to speech were quite from curtailed–he was an evangelist of the right whose outspoken claims made him a darling of liberty at the Turning Point USA’s AmericaFest,–

–and he had become an international figure of jet set global conferencing with national leaders outside the United States, at the first meeting of the Conservative Political Action Committee outside of the country. Carlson had delivered speeches at the invitation of right wing anti-immigration strongman Viktor Orbán, whose cry to “take back the institutions in Washington and Brussels” led him to summon Tucker Carlson to Hungary as he sought to remake it as a bastion of conservative Christian values long before 2021, quenching the opposition media and openly urging audiences to stand up against the “rule of the liberal media” as a form of “Conservative resistance to the woke revolution.” Of Orbán dressed outrageous ethnic nationalism as a form of libertarianism, he seemed to have ripped a page from Carlson’s rhetoric, taking him on a helicopter tour of his own “border fence” that led a perhaps mystified Carlson to return the favor by calling Hungary “a little country with a lot of lessons for the rest of us,” terrifyingly gestured to the media monopoly that Orbán created in his illiberal democracy that silenced all opposition in the nation.

Carlson suddenly found himself suddenly an international media star, basking in the attention he won overseas from a man who was an icon of conservative demagoguery. Orbán’s extreme hard-line policy of rejecting asylum- seekers was an outlier of liberal democracies indeed–which Carlson eagerly promoted as a model for American immigration system he calls far too lenient and argues was poised to weaken the power of native-born citizens in ways that aped White Supremacists. Was this a watershed in his defense of what he called free speech, or a new height of self-deception? Carlson’s 2021 visit to Budapest followed a range of anti-LGBTQI laws by the Hungarian parliament, issued to help Orbán cling to power in ways that rested on a profound rewriting of the mediascape of the nation: the refusal of legal recognition of transgender people in Hungary, and enshrining birth sex in Hungarian law, ws normalized transgender discrimination that culminated in bans on any application for change in gender recognition by 2023–legal barriers to gender recognition that became widespread in much of the United States (more alter). When Carlson was forced to participate remotely In the 2022 meeting of CPAC in Budapest, he vouched “I wish I was there in Budapest,” adding in terms that now seem irenic that “If I ever get fired and have some time and can leave, I will be there with you.” (Carlson had found virtues in Hungary’s limited free speech–Orbán has clamped down on media coverage of the Ukraine critical of Russia, as if Trump could end the conflict–“Come back, Mr. President, make America great again, and bring us peace!”–that he blamed on the United States as CPAC imitated Hungary in allowing only alt right journalists to cover the event, rather than the Associated Press.)

Fox News’ Tucker Carlson visits Prime Minister Orbán in 2021/Office of the Hungarian Prime Minister

Prime Minister Viktor Orbán’s policies in Hungary against trans people and gender reassignment has made him a hero on the alt right, a weird affirmation from afar of a charge against “global progressive elites” who promote immigration, transgender and LGBTQ+ rights, bundling them as a “virus” in need of being defeated by a “Christian conservative turn” that offered a model for how right-wing culture might defeated and dispatch “woke” agendas in its defense as a bulwark of Christian democracy, conjuring Hungary’s historical role as a buffer-state of the Austro-Hungarian Empire against Islam. The ban on public depictions of homosexuality in Hungary or any promotion of sex education became a way to for Orbán to emphasize his protection of Christian values: “No Country For Woke Men,” read banners at the CPAC conference he hosted in 2023, proclaiming his nation an “incubator” of “the future of conservative policies” world-wide to energetic applause. (His censorship of the media were elevated as a model for American CPAC leadership who vowed to “go Hungarian,” deciding “who is a journalist and who is not a journalist” for entry to their events, as universities were transferred to being run by Orbán cronies to silence free speech.

Hungarian Prime Minister Viktor Orban addresses a keynote speech during an extraordinary session of the Conservative Polit...

To be sure, to cite a recent news maps of the change that has swept across America of Orbán-like doctrine, mental health was thrown to the winds by the broad imposition of restrictions on gender identification, as a slew of “red” states have introduced restrictions on gender-affirming care across the nation, per the Guttmacher Institute, crating a cleft across the nation of the Orbán-esque policy by enacting outright restrictive transgender laws or curtailing care for trans teens in states over the past two years–a new hot-button issues to motivate to intensify political polarization by invasive restrictions on competitive sports, restroom use, and other health care. The adoption by state legislatures of restrictions and protections a new front of divisive polarization of increasingly sharp lines, as a terrifyingly contiguous block of “red state” litmus tests of knee jerk variety now threaten to return critical swing states–Georgia; Florida; Arizona–into a hard conservative fold.

But the national political struggle is perhaps less the point than the harm inflicted upon some thirty thousand kids in Arizona, Florida, and Georgia who may be destined to suffer psychological harm. The laws against transgender identification in America, echoing Carlson’s false charge that transgender people are targeting Christianity–and “the natural enemy” of Christians, arguing that gender-affirming medical treatments are “chemical castration” by 2022 that was protected by the U.S. Constitution, after the White House criticized states’ criminalization of gender-affirming care. Carlson’s statements echoed Orbán, but also pushed the envelop on free speech as medical care for transgender was revealed as a macabre Grand Guignol theater: “Slicing off a child’s sex organs, preventing a 12-year-old from going through puberty, that’s not ghoulish and dangerous and horrifying. No, it’s not. It’s ‘gender affirming health care.’ Indeed, it’s all we’re now calling a best practice.” And after Arkansas banned puberty-blockers in 2021, a potentially life-saving intervention, as endangering children with long-term medical side-effects, encouraging local legislatures to oppose them, giving a platform to anti-trans authors without any medical qualifications or experience, to shape public opinion on gender-affirming medical treatments as reliant on “massive, massive doses” flooding the bodies of young children who become “cash cows” for the medical establishment, but are not seen by doctors–casting trans support as abusive parenting “irreversibly damaging their bodies.” (Gov. Greg Abbott of Texas obligingly took up the charge in a directive declaring gender affirming services provided youth could constitute child abuse as “abusive procedures” in early 2022, echoing bans on gender-affirming surgery in Alabama, Arkansas, and Arizona.)

The map of outright bans on gender-affirming care suggests an echoes of the red state map, to be sure, with the “heartland” of America from the Dakotas to Iowa down to Arkansas and Tennessee and the Deep South constituting a local legislative block against gender reassignment practices, as transgender healthcare coverage by Medicare in America has become a prominent partisan divide, as the call for “protecting” children by preventing transgender treatment have grown in America–

–in ways that stand to place many who identify as transgender at risk, following the bullhorn of Carlson’s openly wrong condemnation of transgender care as a violation of Constitutional Rights.

 Peter Champelli

Yet Tucker Carlson tried his darnedest to cast himself as aggrieved from his Maine country house, defending his ideological ground from an outpost of broadcasting on Twitter. To be sure, Carlson seems to have accepted a legal right to free speech to warn Americans of the dangers of immigration, terrorism, and feminism, in ways that mirrored the redefinition of “free speech” that had bloomed on the internet and among alt right media, and was recently articulated by Fox News lawyers who beat back an earlier charge of defamation brought by Karen McDougal against Tucker Carlson Tonight. The success of Fox News lawyers defending Carlson’s commentary not as truth but as “non-literal commentary,” boosted when federal judges dismissed the defamation suite, accepting the preposterous defense that the 3.2 million viewers his show nightly attracted did not understand them as “statements of fact” or “actual malice,” may have boosted Carlson’s sense of his own free speech. However implausibly, Fox lawyers had successfully argued his words “cannot be understood to have been stating facts, but . . . delivering an opinion using hyperbole for effect” that the District Judge Mary Kay Viscocil had affirmed.

The lawyers’ argument recalled Donald Trump’s defense of using “truthful hyperbole,” with a twist. In deeming Carlson’s speech to be “‘loose, figurative, or hyperbolic language’ that does not give rise to a defamation claim,” the judge agreed a reasonable viewer of Tucker Carlson Tonight “‘arrive[s] with an appropriate amount of skepticism’ about the statements he makes,” as if defamation were not the stock trade in the show. In agreeing to the new nature of hyperbolic speech, District Judge Viscocil effectively defended Carlson as a disseminator of defamation and rumor for the growing rumor mill of the Trump Era. But Carlson’s broadcasts had worked to shape dissensus on a scale that echoed how the Roman poet Virgil called Fama “the swiftest traveller of all the ills on earth, thriving on movement, gathering strength as it goes.” Over six and a half years, Carlson had nightly delivered invective that was perhaps “at the start a small and cowardly thing, it soon puffs itself up, and walking upon the ground, buries its head in the cloud base,” or the air-waves, the “swift-footed creature” of rumor escaped judicial sanction as pure hyperbole, as rooted in “exaggeration” as Donald Trump’s own claims, rather than “stating actual facts.” AlthoughTrump had famously counseled “truthful hyperbole” as a form of “innocent exaggeration” in The Art of the Deal (1987), Fox News seems to have expanded the effective business practice to news broadcasting, defending Carlson’s “hyperbolic language” to be protected as free expression, no matter how incendiary or vindictively dismissive it was.

The admission of hate speech and denigration as a form of “free speech” set a new standard in the weaponization of speech against the electoral map in which partisan battle was energetically waged no holds barred, going full Hungarian, to cite CPAC. If such hyperbole was but the stock-in-trade of Tucker Carlson’s on-air fare, Carlson’s partisan commentary had sped hotfoot through the country, intentionally, crying news not rooted in actuality, or anywhere but partisan reality, but in what we had come to expect on Tucker Carlson Tonight. For Carlson had already explained that immigrants made the United States “poorer and dirtier” (December, 2018), as the protests after George Floyd’s killing were “definitely not about black lives” or justice (2020) Yet FOX lawyers cast the dismissal of defamation charges both a “victory for FOX News Media and or all defenders of the First Amendment”–as if they fit the Free Speech protected by the U.S. Constitution. Such lowered standards of speech enabled Fox TV lawyers to suggest that viewers’ expectations for “truth” from Carlson’s brand of commentary had diminished, and one could not expect him to be prosecuted for going overboard–the argument was not, in fact, about free speech, but the lowering of standards on broadcast news that painted Carlson as not speaking the truth at all.

This quite broad interpretation or inflection in historical arguments about free speech was perhaps born online. It was first prominently set by the distortions by which Campus Reform, affiliated with Breitbart, appropriated Free Speech in 2020, litigating that “free speech” zones at university campuses to protect political proselytization–akin to the zones of political protest that emerged in the 1980s and 1990s for protest activities–but now against the restriction of conservative speech. The redrawn “protections” of campus speech mirrored “red” states or states with sizable “red” constituencies, North Carolina to Georgia to Michigan to Wisconsin to New Hampshire to Virginia–

Introduction of Legislation Protecting Free Speech at Campuses in Reaction to Universities’ Restriction of Political Proselytizaiton

–and had created a striking division by using state legislatures to “open” university campuses to conservative ideologues, a mission that escalated after Donald Trump’s election. The dispatching of talking heads from the alt right–Anne Coulter; Milo Yiannopoulos; Ben Goldberg; and other online trolls–raised the bar on ‘free speech’ and adopted it as a logo for conservative causes, in an attempt to staunch an electoral divide.

The citing of free speech as an outcome of Tucker Carlson’s defamation trial was nothing less than a feather in the cap of alt right media. Campus Reform had long sought to “expose the liberal bias on America’s campuses”–of which many universities seemed guilty as charged–to protect conservative speech and learning at college education after Trump’s election, following protests after Trump’s election on college campuses. The rallying cry that “The radical left will stop at nothing to intimidate conservative students on college campuses” animated the movements of protecting Second Amendment clubs in Utah, Free Speech Balls in Mississippi, and other conservative activists interested in sponsoring ideological speakers.

Tucker Carlson accused his past employer of ‘de-platforming’ the voice of conservative America, and limiting his broadcasts–even if the notion that he had crossed a line in the broadcasts was less compelling than the sexist private behavior and a bevy of texts that the new defamation suit uncovered red. Carlson invoked the term ‘free speech’ in the context of broadcasting, to make a point quite different from the definition of free speech in 1789–but far more akin to the earlier defamation suit that viewed his show as “loose, figurative or hyperbolic language.” When Carlson recast himself as aggrieved by the mainstream media, he hinted his dismissal reacted to the bravery of his vigorous election denialism. But his liability had grown. Carlson’s new texts reviled Donald Trump in a language not seen on air reveal a level of contempt for a man he characterized as a “good at destroying things” and as “a demonic force, a destroyer,” before whom he needed to stay alive: “But he’s not going to destroy us. I’ve been thinking about this every day for four years.”

Yet Carlson had himself destructively sewn discord to destroy the civil fabric of the nation, however, which became the main currency of his own show. Even as he claimed to be within his “rights,” Carlson pushed the envelope to create a racist, invective-filled shows on cable news, espousing replacement theory as a danger to the character of the United States that aped white supremacism. Before the split map of red and blue counties of the 2016 election, he perpetuated the gap between parties as destiny, reprising themes of the Trump campaign and promulgating new resentment. The map before which he delivered the news became a banner of election denialism. Delivering “news” before a blurred electoral map–a map so iconic among Republicans to not demand detail–the backdrop for rosy-faced invective on Tucker Carlson Tonight. This post unpacks the persistence of this map on Fox News as a backdrop for Carlson’s version of truth-telling in opening monologues broadcast nightly from November 14, 2016, to April 21, 2023–as if it were a static screen to which Carlson sought to orient viewers, freezing the 2016 electoral map in time.

Tucker Carlson, host of "Tucker Carlson Tonight," poses for photos in a Fox News Channel studio...

Fox News Channel March 2, 2017, in New York/Richard Drew, AP

While the red swath had grown far less monolithic in the early hours of the tally of the 2020 election, in ways that might have seemed to warrant a challenge to Carlson’s logo, the map of 2016 was an icon for the “news” hour, the logo was so iconic that it had not changed,–even as the recent election suggested an opening in the monolithic division of blue and red states, and a more closely divided vote indeed. But as election denialism continued, Carlson had clung to the 2016 map, which occupied a central place in the ideological bent of his viewing audience, who saw that victory as a new road map for partisan identity–even as the states seemed to break in a different manner. Indeed, the early results on the “magic walls” on interactive news screens quickly reconfigured the logo that Tucker Carlson had used as the back screen of his nightly partisan broadcasts.

Magic Wall on NBC News, Election Night 2020

1. Tucker Carlson seemed more florid and a bit unnerved on Twitter, a bit faded after all those broadcast, a bit less animated, before a framed Bill of Rights, with far harsher lighting. He claimed himself ready to confront what he cast as a moment of media crisis in which he was not involved. Bereft of the logo of the nation as it was fragmented by electoral politics in 2016, split in “blue” and “red” counties as if it contained separate nations, the aggrieved news commentator seemed trying to convey an air of normalcy, hunkered down in a house as if sheltering in place.

Safety, and indeed free speech, had been imperiled by the liberal state. Protection of an imperiled democracy offered a rationale for broadcasting that was indeed akin to January 6, as if an insurrection was being live cast direct from Maine, in what seemed Tucker Carlson’s summer house, a site of safety and white purity, far from the current partisan wars, but also command central for waging them. In granting the possibilities January 6 rioters who entered the Capitol were only exercising free speech and rights of assembly, Carlson reprised a tired charge “liberals” imperil our national security–a big reveal of American conservative news media for some time. The emergence of the constellation of “national security” was forged in the post-World War II period, first linking “security studies” to “international political economy” in ways later made explicit by 1947, when The National Security Act coordinated global risks and federal agencies by a National Security Council created “to advise the President with respect to the integration of domestic, foreign and military policies relating to the national security and internal security.” The postwar triangulation solidified the place of America in a global theater that would redefining American liberalism, framing “national security” by military policy as well as foreign policy liberals long found problematic more than purely pragmatic.

When Carlson blamed liberals for intentionally undermining national security on his show every night–by cutting the military budget, welcoming refugees from war-torn nations, or migrants on the southern border as creating a national security threat, it was as undercutting that global order, as much as undermining a national order. And, most recently, he had delivered an exposé of sorts about the Capitol Riots of January 6–

–even if this meant taking the QAnon Shaman who decorated his face with warpaint as a victim of an American media, as much as a victim of his belief in false freedoms.

In exposing global existential threats, Tucker Carlson had created a script of urgency January 6’ers had almost coopted–an d then reframed the trials of the rioters in the January 6 Insurrection as an issue of freedom. If Carlson’s rants on immigration crafted a uniquely survivalist tone taken up by January 6’ers as charges when they entered the Capitol, creating an alternative narrative and reality about the protests, as well as about the convictions of : “in free countries, governments to do not lie about protest as a pretext to gain more power,” white-washing the event as “mostly peaceful chaos” in ways that offered those being tried for besieging the U.S. Capitol some hope. Carlson cunningly suggested federal forces increased the violence by planting disruptive agents in the January 6 crowd, finding evidence of a “false flag” operation in 46,000 hours of “secret footage” House Speaker Kevin McCarthy provided as an exclusive, as one of his first public acts, because, as Carlson put it, “Americans have the right to know” and have not been told the full story.

Exclusive: Kevin McCarthy gives Tucker Carlson access to massive trove of  Jan. 6 riot tape

Tucker Carlson’s “return” was a form of phoenix-like relaunch, born out of the ashes of the the defamation lawsuit against Fox News, arising to strike against the legal verdicts not of the January 6 rioters, but verdicts finding Donald Trump guilty of battery, defamation, abuse, felony and falsifying business records. Quite soon afer he was released from or asked to leave Fox News, it was predictable Carlson would not allow himself to be pushed around. Promising to continue to speak the unvarnished, unrestrained manner that gave voice to the aggrieved, he found a defender in free speech absolutist Elon Musk. Musk had stated ambitions to make the center of news information in the 2024 election, claiming Twitter might create a major platform of the election, and Carlson almost wanted to lend a helping hand. Granted a newly prominent platform by the free speech absolutist to reinvigorate his own failing business, Carlson perpetuated a true deep fake, reclaiming free speech as the terrain of the alt right, appropriating the early modern liberty as an empowering rallying cry against entitled but entrenched media interests.

The most recent gambit of Carlson to sew board discontent not only recast the former president as an aggrieved victim, but showed himself a victim of powerful interests that seek to de-platform his show–at a close remove from the limiting of liberties that now stood in the rifle sites of the new priorities of the state. The historical decline from America’s Four Freedoms were at threat as the switch he made to Twitter only revealed the threats to freedom of expression that were historically enshrined by the passage of the Bill of Rights sought to protect in an early age of print culture. The streaming and broadcasting of defamatory lies on television provided a qualitative and mode of expression more akin to groupthink than expression, cleverly camouflaged in Carlson’s championing of a right to “free speech.” Presenting himself as the aggrieved party, he became a living symbol the violation of civil rights haunting the country from the January 6 rioters to Derek Chauvin to Donald Trump, all white men targeted by the liberal state, at a time when the union–and not only the Capitol building, but the country that the Capitol represented–was under attack.

Tucker Carlson news: Fox host defends QAnon Shaman, attacks trans people  and calls Zelensky 'despot' | The Independent

The new argument of “legal exceptionalism” deviously undercut justice, if not the trial system, in the false populism of common sense. The dismissal of Tucker Carlson from Fox News may have occurred in the fallout from settlement of the Dominion lawsuit out of court, that revealed him to have sent several quite disparaging texts about Donald Trump amidst the rampant sexist of his newsproom, in a revelation of his off-the-camera behavior. The demand for a greater level of honesty on Twitter might allow was cast as a greater level of purity. In pandering to grievance yet again, he continued the Tucker Carlson narrative of grievance that was hardly new to his show. To be sure, in the light of the remarks made public during the Dominion lawsuit for defamation of the electronic voting systems, he wanted a place to reach the 3.2 million viewers who had nightly tuned into his show. His bracing announcement “We’re back!” quickly topped 100 million views in less than twenty-four hours, winning 21 million watches of a video, even if the number probably magnified individual viewers. This approached the audience of 3.2 million of times past.

Tucker Carlson let his viewers know that after he left the FoxNews network, in the fallout from settlement of the Dominion lawsuit out of court, texts disparaging Donald Trump and revelations of improperly sexist newsroom behavior were less the reason than claiming moral high ground. But Carlson may have been protesting too much: his show had almost intently if not obsessively exploited a politics of grievance to fostered since 2017 the hyper-partisan division of the United States. The recurring topic of the show was stated in the electoral map logo of red expanse and blue readouts that hung in the background of his nightly rants–Carlson’s news commentary fit the slightly blurred map of the electoral division of the nation, now an existential fact and eternal lesson in ways that its content didn’t even demand to be interpreted, glossed or read.

The blurred out map before which he had broadcast since 2017 on Fox News displayed a cleaving of blue and red counties he cheerily perpetuated. His show id his best to preserve if not magnify this map, if not to make it an iconic as a map of the party’s future. The map was a leitmotif of sorts of a struggle that animated all Carlson’s on-air rants: as if patriotism perpetuated the partisan divides, he basked before the warm glow of an electoral divide among blue and red counties that cartographic semantics dictated displayed perhaps less two different nations than two world-views. He didn’t need to explicate this divide that lay at the center of most all nightly broadcasts, but electoral divides placed in question the fate of the nation before the duplicity of Democrats and the national security threats they had enabled–as he invoked narratives of “how nations collapse.” The all but blurred logo had a centrality that didn’t even need to prominently register.

Continue reading

Leave a comment

Filed under Donald Trump, Free Speech, Freedom of Speech, social media, Tucker Carlson

The Undue Burdens of Heartbeats on Health Care

We are rightly alarmed. Indeed, red seems the only color to use to map the shrinking territory where women who are pregnant have an option of access to abortion. As abortion has been demonized as if it, too, were poised to join mass-culture society, and Supreme Court justices resurrect the specter of a society collectively endorsing “abortion on demand” as an apocalypse more apocalyptic than climate change or environmental degradation, the fate of life seems to have been projected to the unborn, even as maternal mortality rates remain staggeringly high across the nation–and seem especially high in those places where the strongest opposition to abortion seems to have arisen on a local level, as a new rebellion in which a substantial, and unable to be ignored, part of America is persistently dedicated to worrying about the fate of the unborn, aggrieved this demographic had been failed to be considered in earlier judicial reasoning about abortion rights.

We have, at the same time, changed how we map access to abortion, now part of our civil society, and also a part that would be wrenching to have invalidated as a individual right. Or is abortion poised to become a civil rights issue, more than a medical one, as it is understood through what this post understands is, rather terrifyingly, a theological context, as it is uprooted and removed from a scientific or medical one?

The color spectrum of these charts flip, but the human impact of how we remap abortion access–or have come to remap it in the United States–indeed seems to bears attention, as it can help us map the situation on the ground. If the header to this post suggests the radical contraction of abortion access in the manner of a geographic warper, similar to the distorted global maps of the prolifically virtuosic Ben Hennig, whose Views of the World are worth perusing to orient oneself to a changing world–but far more dramatically shifting the landscape of access to abortion, in ways that would make maps as important for finding legal access to abortion–suddenly made as complicated a question as migrant routes for asylum.

Indeed, even as the landscape of access to abortion had been creepily and rather creepingly changing by 2014, as a spate of local Targeted Restrictions on Abortion Providers–TRAP Laws–were enacted across much of what came to be called the “heartland” of the nation, the sense of “abortion havens” was mapped already by Business Insider, reflecting how imposition of commercial restrictions on abortion providers had forced many to close–as the introduction on a county and state level of specifics from the width of their corridors, the size and equipment of procedure rooms, and admission privileges at local hospitals, if rarely necessary, imposed costs that compelled many clinics to silently close, even as the “rights” to abortion access were nominally intact–and as no clear “burden” was detected in the partisan decisions and policy moves of state legislatures. The divide between “red” and “blue” states is rarely reduced to abortion, but the notions of family planning, women’s control over their bodies, and the privacy of a woman’s relation to her doctor–if all cast in terms of “cultural” differences among regions of this great nation–are now turned to be resolved, the deck having been fully stacked, to the august institution of the U.S. Supreme Court, having been entrusted with multiple landmark cases in the past to move us to a more perfect union.

Yet it doesn’t seem as if that union’s perfection is on the horizon. The rifts portrayed by Business Insider India in terms of havens in the midst of the hopes to expand health care grew in the United States, but debates about that expansion raged on right-wing television, and among evangelists, was shifting toward the terrifying tones of alarming reds in which we seem compelled to map abortion access as a good that is not only scarce but shrinking at an amazingly unfamiliar and unforseeable rate, as our oceans warm, and fill with more bacteria, and rise, as the polar ice caps melt. It is alarming, because the courts do not seem able to resolve this issue, as the opinions issued on a local level seem incapable of being resolved–and belong do differently framed logics and differently dated discursive fields. One cannot have a rupture, perhaps, but there seem parallel realities that the country is yet again either in danger of entering or existing, which any federal legal resolution by Supreme Court justices seems improbable to provide.

In recent years, judicial opinions have gained a unique status in the headlines of national news. As the courts have gained new status as a battleground where judicial positions rehearse divides in our body politic, the new status of abortion rights as a strategically posed issue has distanced debate from public health–or access to better health care–but a return to “first precepts,” to guiding freedoms, to understand the role of the court on maternal health care practices relate to abortion. Mapping the rapidly shifting nature of this medical landscape as a concerted partisan strategy is only part of the point. For the redefinition of maternal health is nothing less than a deep effort of misinformation, recasting the termination of pregnancy as early as six weeks as a criminal act in the community’s–and state’s–interest to protect, even if the actual “topography” of where abortions occurs has become increasingly uneven.

The prospect of the outright banning of abortion in twenty-six states in the nation demands you to read the current statistics of aborted pregnancies not only as a new “culture” of abortion in the northeast, California, and Florida, but a register of the need that these states meet and provide: if there are “sharp edges” to where abortion is accessed, they reflect population density, poverty, and increased stresses on family planing and growth.

For that map, a poor proxy that shows the steep divides across the nation, many sharply drawn in states–perhaps most unevenly in Texas, with its complex palette of light greens, dark green, and pockets of red giving it a sense hardly of a backwater, but state where, even more than North Carolina, Mississippi, and Georgia, sharp dissonances in the availability of medical care for maternity give it a complexion that seems almost as divided as the nation, and unlike the several states–Alaska and Louisiana among them, but also Colorado and the Dakotas, as well as Florida, New York, and California, of far, far greater homogeneity. Compare this county-by-county map to the prospect of “trigger laws” banning abortion in twenty-six states of the nation, local legislatures have staged a bit of a trap for the vast majority of women nationwide, whose legal access to abortion should the constitutional protections of a right for women to access abortion facilities in their pregnancy fail to sustain a local challenge.

The result is nothing less than a crisis in national health care policies, marking red those states either certain or likely to ban abortion, and those likely–Florida, Indiana, Montana, Nebraska and Wyoming–arrayed in an unmistakable echo of the familiar breakdown of our electoral maps, reminding us of the partisan origins of such a challenge–a challenge that has been reframed not in terms of the rights of women, but the rights of the unborn, as if this new demographic and constituency had been discovered by legal sleuths in recent years.

 States Certain or Likely to Ban Abortion Should Supreme Court Weaken or Overturn Roe v. Wade
Guttmacher Institute

Unlike the county-level map of aborted pregnancies, this future map is a prognostication. It dramatically and monitory but maps a landscape of sharp and stark divides, suggesting the remove of women across a sea of continuous states who stand to be placed at a geographic removed from abortion providers without moving themselves. The legislative strategy of rolling back rights that have been presumed for two generations is akin to storming the U.S. Capitol, but reflects a long lain groundwork to secure the state’s compelling interest in protecting the lives of the unborn.

An even starker version of the map by the Guttmacher Institute of amplified monitory value is an image of a brave, new world, with far greater respect for such creatures in it unborn. This landscape, enforced by local legal challenges more arcane assert a compelling interst that the state has in protecting of the unborn, is far more prescriptive than any seen in the twentieth century. It is something of the ground-plan of a strategy that seeks to nail the nation, and its body of laws, to a cross: the red expanse is a sagging net for maternal health care , tracing an opening salvo in a battleground for states’ rights or, more accurately, for the conscription of the unborn fetus in what is cast as a heightened “culture” wars about health care–

–in which the mute protagonist of the unborn fetus is persuasively made a compelling interest of the state. to use its laws to protect, the health or well-being of mothers put aside from any compelling interest that the state might be able to entertain. Unlike the county-level map of clinical practice, which shows variations, the impositions of cookie-cutter prescriptive laws is an intentional an alteration of the terrain, lacking justification or reasoning behind a shift so dramatic, or sense of its implications on the ground in peoples’ lives, out of a deep belief that the previous decision is a pestilence across the land that needs to be contained. But it is also a strategy of promoting the lives of unborn, or of using that line to foster deep social divides.

The seemingly scientific justification of reducing the threshold to permit abortion not only removes the practice from the context of maternal health, but suggests “rights” of the unborn that are removed from the subjectivity of the mother, as soon as they are seen–and “mapped”– within the womb. By overturning the notion that the state had a compelling interest in reproductive health, constitutional liberties, or bodily health, attempts to preserve fetal personhood that lacks medical logic has been increasingly dressed in pseudo-scientific garb, by exporting the visual logic of ultrasound to grow a shifting “legal” landscape entertains the rights of the unborn–rather than the burden on women, the health care system, or the law. And if pregnant women were once forced, in the past landscape of the pre-Roe world, to travel outside the nation for abortions–heading to Mexico or Sweden from the east coast and to Japan or Mexico from the west, many states are bracing for an efflux or overflow of women seeking abortion arriving from Texas, Alabama, and Mississippi–including Florida, already emerging as the go-to sanctuary for female reproductive care, given difficulties of border-crossing, with California, Illinois and to some extent New Mexico more costly alternatives.

The current attempts of states to devise local workarounds that evade the constitutional right of access to abortion–and guarantee of access as a binding precedent of the court–has come up against loggerheads with the concept of the freedom of “unborn children” posing pressing questions of what is a “compelling interest” of the state in a fetus before life can be sustained outside of the womb. The recent focus of on the heartbeat, or rather the appearance or perception of the heartbeat, as an index or sign of value–if without basis in medical science–has become a new basis to increase the burdens on women in most states to access maternal health. For the designation of cardiac contractions as evidence of a “person” or a soul that in the interest to the state to protected is, in fact, a terrifying smokescreen for the radical contraction of a pregnant women’s rights.

Cardiac Activity in a Fetus of Eight Weeks

In ways that have framed the question of access to abortion in the nation in terms of how they are addressed in the U.S. Constitution–reticent or silent of any issue of women’s health–the question of what the role of courts is in preserving states’ rights to restrict access to abortion and health care, or to defend the access of women to be able to terminate a pregnancy, has placed undue stress on the place of legal reasoning in determining access to maternal health care. The current drive to regulate abortion, itself a pronounced response to the expansion of the health care markets from 2008, have become a national divide of striking proportions, so much that they are cast–wrongly, for this blogger–as a cultural divide.

But the storied cultural divide of abortion is a deeply geographic one, as we have long been habituated to preserve access to abortion since reproductive rights first came under attack before Casey, in the 1990s, as preserved by cities as the National Institute for Reproductive Health shifted their ground game to ensuring that cities–not necessarily where abortions were most in demand, but where voters and elected officials were far more sympathetic–lived. As if the riots of January 6, 2021 attempting to stop the end of Trump’s Presidency by a show of force in Washington DC, the latte-drinking liberal city-dwellers before their laptops–a tired political cliché we all love–is also apt. For it is among urban audiences of a certain age that a political precipice seems to have suddenly reached, as constitutional grounds for health care shifted beneath their feet.

John Cole/Scranton Times Tribune, PA

The protection of “abortion rights” by local safeguards in cities emerged in dialogue with, to be sure, the expansion of local restrictions on access to abortion from 2010-2016, and the cumulative weight of three hundred and thirty measures to restrict abortion, and a logic of shoring up rights in a deeply divided polity where rights of migrants, unhoused, and poor were feared to be evanescent or at risk, and the law no longer a stable fabric. Urban preserves where women’s rights to access maternal health care were predominantly coastal, and often, far removed oases from the sites lacking sanctuaries of legal protection, revealing the shifting palette of access to “freedoms” protected in the constitution by standing legal opinion. From 2016, at the end of the Obama era, as battle-lines over Obamacare concealed fights about abortion, reproductive freedom was a mixed bag across the country, reflecting in terrifying ways the 2016 electoral map of a broad continuity of red states as a mythical “heartland.”

The new ground-game of shifting the threshold of permitting abortion–imagined as enacted by local legislatures–suggests an endgame of a territorial fragmentation of once-universal rights to access abortion would shift the clock back five decades overnight. The ground-game is swift, and demands to be drilled into, both in Texas, and in other states, as it may well be poised to be recognized as law of the land, setting off tremors of health care and desperate searches for access to clinics–or potentially unsafe, if used as a last resort, abortion pills designed to simulate miscarriages–across the land, placing pregnant women at only greater risk.

The swift pace of shuttering abortion clinics in Texas by local legislation–magenta dots marking the actual closures of clinics offering abortion in Texas due to local laws, chipping away at or decreasing the actual liberty of access that is ostensibly the law of the land some years ago.

Abortion Clinics Forced to Close by Local Legislation in Texas, 2012-15/ Bloomberg Business Week

The map can be drilled down into far more deeply to describe the distance at which local laws have “placed” women of child-bearing age from clinics–creating a skewed topography in which, by 2014 data, women were compelled to travel nearly two hundred miles, at their own expense, to obtain abortion services, curtailing health services that were available to women and the abortion “deserts” that were quickly–and intentionally–created across the state.

Distances Women Forced to Travel for Abortion, 2014/The Lancet Public Health

The burden of such restricted access to clinics that can offer abortion in a substantial area of the state where women would be demanded to travel upward of 100 miles to a clinic has created exactly such a burden, but has emerged as a state’s right, by expanding the “compelling interest” of state counties to ban abortion not by the yardstick of the trimester of pregnancy–a standard in Roe v. Wade or fetal viability, measured by twenty-three to twenty-four weeks after conception, permitting the procedure up to that non-arbitrary date. Yet the unequal remove of women from abortion providers seems a burden as undue as an other, especially on women without the economic option for extensive travel to locate a provider within the state’s bounds–or, as seems poised to become the need, outside of them.

Should Roe v. Wade fall, and the constitutional right of women enjoy to access abortion as a form of maternal health care vanish overnight, “tigger laws’ already on the books would prompt an immediate jump of average distances of women to abortion clinics from 36 to 280 miles, as 41% of women in the United States would find the nearest abortion clinic closing overnight, no preparatory window or period of adjustment–or alternative–in place. The ground-game, rooted in the election of local Republican officials of a pro-life strip on city councils and state legislative chambers, is an open attempt to erode the affirmation of rights that cut against the , creating something akin to “cities of God” that follow outdated norms of the protection of unborn lives by using the odd index of the sonograph as a proxy for what medieval theologians called “ensoulment,” adopting Aristotelian science to gloss scriptures, in a proscriptive model that has little relation to medical science or health care, or the freedoms to privacy and self-determination that were once protected by the Constitution.

It was another helpful service to American webizens, the Decolonial Atlas, your place to go for go to remedies on the web, posted a travel map of routes to abortion providers in southern states, collating affordable transit routes to clinics that would provide abortion services–services that were still technically “legal” but out of the range of many, and prohibitively expensive for most in need of them. The bus routes women might take to reproductive health service centers in many states–Illinois; Missouri; North Carolina; West Virginia; Tennessee; Florida; South Carolina–would be open, but prompted questions of economics and opportunity. The further question of the fear of undocumented being stopped by a zealous Border Patrol, should they move across and be stopped at checkpoints en route, would be wary to avoid. The feature lending prominence to the “border zone”–an inheritance of the over-policed border of the Trump Presidency–was kept from an earlier map that had gone live September 4, 2021, setting a six-week window for abortions as state law overnight, panicking women across the state who had suddenly lost access to a crucial piece of their health care.

Already, the mobility of women seeking abortion had seemed a steep threat to many in Texas, where an undocumented woman seeking an abortion might risk deportation for traveling from Laredo or Corpus Christi to Health Care Centers in New Orleans or Jackson, or even on her return from Austin.

nTo be sure, the heightened mobility of women seeking abortion is a new iteration of the regular plans that, before Roe, the Society for Humane Abortion offered those with sufficient means to travel to doctors outside of the United States’ borders–from the west coast, Japan was a destination of choice from the late 1940s, if not Mexico, helping some 12,000 with their passage to clinics outside American territoriality. These burdens of travel, indeed, were no small part of the logic for revisiting the placement of “substantial obstacle[s] in the path of a woman seeking an abortion of a non-viable fetus,” a tricky problem that seemed a necessary point of consensus in the modern world of birth defects, often due to other medications. Yet the image of increased out-of-state travel and the burden that this would place in the paths of women was not clearly addressed by the Court, nor does it seem to have since. The rather terrifying image of freedom to access abortion being curtailed or removed due to the orthodoxy of a majority of justices recalls the pamphlet of the same organization protesting the right to “breath unpregnant,” wom the Society for Humane Abortion would happily send forth to another shore, her rights and liberties curtailed in the United States.

Society for Humane Abortion, September 1968

While Roe resulted in the reasoning that voided “the purpose or effect of creating a substantial obstacle in the path of a woman seeking an abortion of a non-viable fetus” as placing “undue burden” reflected a standard that a burdensome restriction of constitutional rights could not be imposed by states, a finding of the late nineteenth century. The unconstitutionality of imposing an burden by any state in the union from the late nineteenth century: the standard applied in 1992 preserved women’s right to terminate pregnancy before viability does not relate to counties, only recognizing rights to ban abortion after the “viability” of a fetus outside the womb, save when the pregnancy endangered the mother’s health, and not using the rhetoric of personhood to describe the unborn. Definition of a burden as “undue” “either because [it] is too severe or because it lacks a legitimate, rational justification,” posits protection of rights of mothers, but are argued to deny the rights of “unborn.” But the shifting global limits on abortion are practically unique in multiple standards that are on the books in the United States, with some states holding no gestational limits, and some shifting them to a window as small as a month and a half, producing a forced mobility for obtaining abortions in the horizon. Perhaps this is all to familiar in a nation that experiences multiple realities and opportunities–and now liberties– for different levels of wealth.

Spectrum of Different Global Policies of Legality of Abortion, 2021/Wikimedia

Put another way, equal access to abortion is no longer the law of the land. And the drilling into the data of the multiple laws that have been locally proposed in states reveals not only a partisan strategy, but a deeply unworkable system of different tiers of maternal care. Since 2011, these rights have been attempted to be defined nowhere more prohibitively than in Texas. In the nation, over half of the closure of clinics that offer abortion services to women have closed by local legislation, in a concerted partisan push unfairly argued to reflect “local cultures.” The partisan nature of closures has been a template for “red state” policies from Iowa to Ohio to Louisiana, changing the on-the-ground landscape of access to abortion by forcing many closures due to safety violations, difficult work environments, and business decisions,–already a bleak landscape for maternity care for over the past decade, in eery contemporaneity to a public health option that would provide more maternal health options.

The opposition to abortion that focuses on the “unborn”–and the humanization of the heartbeat of the unborn, rather than the fetus–has become one of the more striking defenses of pseudo-freedoms. These are freedoms not ever articulated in Enlightenment thought, and foreign to it, from freedoms of belief, to freedoms of owning automatic rifles and military-style arms in one’s home, that extend to the protection of freedoms of the unborn. Such freedoms are resonant with full-throated opposition to mandates for mask-wearing, hand-washing, social distancing, or vaccines. The spread of challenges to the access to abortion and abortion pills across the nation deny the life-changing role of pregnancy on all women, and the greater dangers that childbirth–hardly a risk-free event!–imposes on women, let alone the dark topography of sharply disproportionate and increasing rates of maternal mortality in many of the states that have restricted access to abortion.

Maternal Mortality Rates per 100,000 births (2015)
Changes in Maternal Mortality in United States of America 1997-2012/BMC Health

The freedom to restrict abortion is similarly anti-scientific, and theocratic, strategically removed from the undue onus that state laws against abortion would have on women–especially if a good share of the clinics providing abortion to clients–sites marked below in orange and black–cease providing clinical care to women. Although it is argued that this will shift demand to mail-order abortifacients, safely used only in the first ten weeks of a woman’s pregnancy but providing subject to local and state provider restrictions, 99.6% successful if used at nine weeks from conception or less, and require in-person–consultation with a physician to be prescribed in fourteen states that have enacted restrictive abortion laws–including Texas, Oklahoma, Mississippi, Alabama, North Carolina, South Carolina–of thirty-three states permitting only physicians to provide mifepristone, creating divides to access “self-managed” that are poised to sharply grow along clear fault-lines, and perhaps creating a undue underground economy for abortifacients of unseen proportion; states limit abortion pills to being dispensed by physicians, despite that they are as effectively dispensed by nurse practitioners or midwives, create compromised access to health care in thirty-three states.

–and five states that have ban telemedicine for medication abortions, including Louisiana and Arkansas.

The result is a terrifyingly unequal deep, dark landscape distant from abortion facilities, whose loss is indicated by dense orange colored dots, suggests the severe restriction of health options for pregnant women that would result from overturning Roe v. Wade. Twenty-two states have adopted laws that the overturning would ban abortion within their borders.

Distances to Clinics ShouldTrigger Bans on Abortion Go into Effect /Axios

The undue burden on women who unable to provide the option to terminate their pregnancy before viability would grow in such ‘abortion deserts’ and impose a significant burden on states that affirm abortion on their edges, whose surviving centers would face ethical problems of facing a greater demand–if women travel to them, the states are potentially now exposed to the legal suits for violating laws restricting women’s access to terminate a pregnancy they do not want. Concerns that overturning Roe would increase travel to California to seek an abortion by almost 3000% is born out by the map below–restrictive laws in other state long increased out-of-state clients in California; increased demand for access to abortion from women residing in state laws restricting access to abortion would expose California to legal action for violating their laws.

The urgency to address the demographic of the “unborn” recuperates a category from the thirteenth century that enjoying a recent resurgence with the legal parsing of personhood. But while one spoke of the “fetus” in the 1970s, when Roe v. Wade was decided by the Supreme Court, the shift to “fetal personhood” expressed by 2018 in Iowa, then the state with the most restrictive abortion laws yet, which made abortion illegal after a fetal heartbeat is detected, skipped over the question of a woman’s right to abortion, but expanded the ability of states to “regulate access to abortion” to the extreme, by permitting a ban on abortion earlier than most women would be likely to know they are pregnant, putting Iowa in the range of states with court-imposed restriction to abortion, contraception and reproductive services. While not framed as about sexual freedom, anxiety about women’s sexual freedom in 2017 and moral arguments led many central, southern, and midwestern states to adopt court-ordered restrictions parallel to the expansion of health care that included access to abortion–

-and must be seen as a resistance to it that set the basis for the “red states” which emerged as a united front in 2016 and the pro-life candidacy of Donald Trump.

The majority of states in the union adopted restrictions without any basis in scientific evidence at all, or clear roots in jurisprudence. The restrictive laws that were predominantly of proscriptive cast, betraying a terrifyingly theocratic origin in identifying the origins of “life” as a focus of judicial inquiry in a neo-medieval cast. Is establishment of any “heartbeat” law not in itself an undue burden on women, inviting the undue burden of placing a ban on abortion before fetal viability, that would demand to be struck down as such? While placing burdens on women throughout a large number of states, the local laws create new concepts of strict scrutiny around heartbeats, arbitrary weeks since conception, or the detection of reflexive movements in ultrasounds, all of which are coercive controls that serve to undo the undue burden concept.

1. Abortion was historically challenged by the medical profession as a way to restrict the role of women healers–and female agency–in the nineteenth century. But the search for legal obstacles to abortion is wrongly treated as a return to first principles but a shift in freedoms of access to health care. But the question of fetal “personhood”–or indeed of personhood of the unborn–dispensed with the very logic of potentiality that Roe left in the law by reserving for the state an “important and legitimate interest in protecting the potentiality of human life from the twenty-fourth week of pregnancy,” dissolving that interest in favor of shifting the question from “potentiality” or a “Golden Rule” that grew out of attention on the fetus as a focus of protection; the expansion, due to stem cells, in vitro fertilization, and fetal tissue transplants on the moral status of the embryo as a subject in place of the woman’s right to access abortion or abortion providers.

While Aristotle was primarily concerned with the emergence of a rational soul, a concern that was adopted by twelfth century theologians who embraced his notion of the formation of the soul in the developing human embryo—the vegetal soul, the animal soul the intellective or human soul–the notion of personhood dispensed with the epigenetic stages of ensoulment, but focussed on vital signs located in the heart as a sign of life, independent from science, but reflecting the technologization of birth. The adoption of policies hostile to abortion rights in 6 states and of laws extremely hostile to abortion rights in 23 states) to abortion rights, and the hostility expanding to Iowa and West Virginia for the first time, created not only a new map of abortion rights, but mapped the origins of personhood in the womb. The result, according to the Guttmacher institute, placed the majority of American women able to bear children in states hostile or extremely hostile to abortion–without rooting their arguments in science.

Policy Trends in the States, 2017 | Guttmacher Institute

The defense of the “unborn person” flew in the face of science, beyond questions of cultural difference, from “mandated ultrasounds” to regulations on abortion clinics, including removing clinics from Medicaid, to, in Alabama, a state-wide ballot initiative to agree that personhood began at conception, the Human Life Protection Act, signed into state law in 2019, that “defines all unborn children as humans”–and allowing no exceptions for rape or incest. The bill was adopted only to encourage the Supreme Court to revisit Roe v. Wade around the question, in the word’s of its sponsor of whether “the baby in the womb is a person.”

For by redefining the fetus as a “life,” with freedoms and liberties attached and pursuant, Iowa’s legislature abandoned the standard of viability outside of the womb, asserting that the unborn is a person, and abortion tantamount to killing a life, as if “the burdens of carrying a child to term [could] justify the killing of a child,” per the lawyer representing the state of Iowa in 2018. It takes arguments of the potentiality of the unborn to the extreme, not discussing the Thomistic idea of potentiality of human life recently promoted by Catholic theologians as a middle ground, but mapping the heart of the matter–the heartbeat–the visual evidence of personhood. Fueled by the affective relations of ultrasounds that offer the “science” that seems to sever the personhood of the “unborn child” from the standard of viability that had set the threshold for up to what point the protection of a woman’s access to abortion was permitted by constitutional law. The rise of proscribed ultrasounds across multiple states reflect the new focus on personhood and heartbeats, whose mandated display and discussion provided a preventive basis for persuading those seeking abortion to forego the procedure.

Prespcriptive Ultrasounds as a Form of Clinical Counseling about Abortion
States Mandating Women View Ultrasounds if Taken or Ultrasounds Mandated by Law (2015)

Cast as a “Right to Know” legislation that was introduced in Pennsylvania in 2012 mandating all women who are seeking abortions to view the ultrasound designed to determine the gestational age of the unborn fetus–a means of placing the abortion in a window of viability–offered all women seeking an abortion the “right” see the image, and to hear the heartbeat, offering a new way to map life and epigenetic questions of ensoulment around the “beating” of the heart, although no ultrasound was mandated in states protecting abortion rights.

0206righttoknow

The states that have pushed back on this definition for one more consensus hardly appears scientific, gives a scholastic sense of ensoulment first articulated in the thirteenth century contemporary relevance, mapping the unborn on an ontogenic continuity of personhood that reduced the concept of viability that the court once embraced to a relic as quaintly outdated as Plessy v. Ferguson’s ruling that segregation did not violate the fourteenth amendment. The insistence of a Justice on the highest national court that the compelling interests of the “unborn” has become grounds to review the liberty of women to access abortion prior to the line of fetal viability outside the womb. Defining personhood from conception has pushed back these freedoms to the unborn in ways without legal precedent or, championing the court’s role to represent the interest of the unborn, preventing violence against those being carried to term, handing down a sentence against all women asked to carry a child to term.

The imaging tools of the ultrasound after all transformed the fetus to a “baby’s head” and “baby’s heart” able to be recognized on the screen, and indeed labeled for identification, in ways that seemed to deliver a deeper truth, in an age when we have difficulty distinguishing representation and reality, expanding the case in the courtrooms that the presence of a fetal heartbeat offered incontrovertible evidence in a court of law that a “a human child with a heartbeat is a living child,” even if few judges in Iowa were ready to hear the argument, if the state’s lawyer refused to accept that the fetus with a heartbeat was a “potential life”

An ultrasound is performed at Blank Children's Hospital in Des Moines.

Although Roe v. Wade has been discussed as precedent for decades, occasioning only recently clear skepticism about reducing women’s right to abortion by restricting the window of “viability” of the unborn to twenty weeks, in North Carolina, one to two months less than the usual 24-28 weeks, but currently nineteen states take the date as the cut-off for access to abortion, in ways that have made the former standard of viability to seem virtually arbitrary, rather than grounded in embryology. The emptying of any embryological standard–or indeed medical expertise–has come to be cast as a “cultural divide,” out of the court’s sphere of decision making or competence, with seven states on board to limit abortion to the greatest extent possible to twenty weeks: Kansas; Kentucky; Arkansas; Louisiana; Missouri; North Dakota; and Ohio. The critical curtailing of this access in Iowa, the site of the first primary to select the United States President, suggests an undue prominence of an ambivalence to abortion in our national politics.

the latest you can get an abortion in every state map

The effective reframing of rights to access abortion as a question of “states rights,” rather than public health, and of local “liberties,” makes Texas the perfect site at which a national debate about abortion access can be balanced, however, as the current debates on similar local laws in Mississippi–reducing the window to fifteen weeks–it almost even left Chief Justice Roberts flummoxed to ask if the window would always be effectively arbitrary, as if the number of weeks were divorced from a woman’s body or a woman’s womb. The voiding of any constitutional right to abortion in four states of the deep south–Alabama; Louisiana; Tennessee; West Virginia–already pushed the debate away from constitutional rights. Yet the result of shifting the “burden” pregnancy places on women from the nation’s courts suggests a seeming time warp for much of the country, maybe not to the the 1200s, but at least to the years before 1972 at the stroke of a pen–or a verdict of 5-4.

Continue reading

Leave a comment

Filed under abortion, health care, reproductive health, reproductive rights, Texas