Thursday, October 22, 2020

Presidential debate: Welker fumbled on First Amendment, cast Trump as chump



At Thursday night's debate President Trump was asked a question about race, wherein moderator Kristen Welker referenced a statement he made advocating that NFL players should be fired for taking a knee during the National Anthem. Welker indicated that Trump wanted players fired for exercising their First Amendment right of free speech.

I'm a bit troubled by this, not because of Trump's statement — which was a little over the top, especially since it included calling offending players SOBs (not a great optic for a sitting President) — but because Welker, whom I felt did an otherwise strong job of moderating, failed to grasp the nuances of the First Amendment.

An NFL player — or, in fact, any of us — has the right to free speech under the First Amendment. That means the government cannot restrict our right to express ourselves. However, an employer absolutely does have a right to restrict what we can and can't say or do. That in no way is inhibiting our First Amendment rights. A private company can set its own rules for its employees; it isn't held to the same standard as the government.

It's certainly not going to happen these days, but if it wanted to, the NFL — just like any other private employer — could indeed fire an employee for not adhering to a code of conduct, which might include standing for the National Anthem.

Perhaps it's a small thing, but it's important to me. I don't mean to nitpick. I know many of you out there get this; I also know there are plenty who don't, including some — like Welker — who are in the media. She should have known better, because by not knowing (and I'm giving her the benefit of the doubt by assuming she simply didn't know) she basically told viewers the world over that Trump advocated stripping NFL players of their First Amendment rights. That, of course, is not true. By any measure, it's a false assertion. Whether or not that was the intention, well, that’s up for debate (pun intended).

But here’s the thing: Trump has never said he advocates for NFL players losing their First Amendment rights. He may think it; who knows? But he didn’t say it in the comments referenced by Welker during the debate. However, by implying that he did, she put him in a unfair light, and in doing so, she fumbled her responsibilities as a moderator and a journalist. What’s more, in the hours after the debate I looked to see if anyone else besides me caught her error. I read a few of the post-debate fact-checking pieces, but found no reference to it, even among conservative media outlets.

The media — and by that I mean journalism — gets a bad name these days, and for the most part it’s well deserved, in my opinion. Fairness and evenhandedness no longer appear to be important tenets of the profession. That’s troubling to me only because I still believe a journalist’s responsibility is to present the facts, not teach a lesson. 

There’s little doubt in my mind Trump’s boorishness triggers the leftist media to the point they’re close to losing their minds. He certainly isn’t the first President to question their credibility or their agenda, but by calling it “fake news” he gave it a cute nickname and thereby dug in under their skin. In other words, he made it personal. That’s not the only reason he’s a media target, but like it or not it’s certainly high on the list.

As noted, I’m not saying Kristen Welker was purposely trying to torpedo Trump at Thursday’s debate. But I’m certain others will, and by failing to grasp what the First Amendment truly means, she gave those in Trump’s camp a little more fodder for their anti-media cannons.

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