It is axiomatic that the freedom of speech provisions of the 1st Amendment of the US Constitution are specifically intended to protect unpopular and/or offensive speech. After all, speech that is neither unpopular nor offensive is, obviously, not in need of any particular protections. It is equally indisputable that of all the various forms of speech possible, it is political and religious speech that lies at the heart of 1st Amendment protections.
Meet Todd Kincannon, that &$(#*&%! Lawyer from South Carolina
In the context of the Conservative polito-sphere one of the greatest founts of offensive conservative political and religious speech is South Carolina lawyer (and former head of the SC Republican Party) Todd Kincannon, particularly through the vehicle of his Twitter account,
@Todd__Kincannon (note that there are
two underscores).
Despite Todd’s in-your-face, abrasive political and religious speech—or, as seems more likely, precisely
because of it—the
@Todd__Kincannon Twitter account has acquired in excess of 50,000 followers.
To put this figure in some context, this very highly successful and well-respected legal blog on which I am writing this post has just over 14,000 followers of its
@LegInsurrection Twitter account. My own
@LawSelfDefense Twitter account has only about 4,000 followers.
Kincannon Reports SC Officials Are Threatening His Law License Over Speech
Todd is now reporting that the South Carolina governmental authorities responsible for governing the professional conduct and ethics of attorneys have decided that Todd’s conservative political and religious advocacy on Twitter, and elsewhere, is too offensive to be permitted, and needs to be gagged.
Specifically, Todd has written that the South Carolina Commission on Lawyer Conduct and the South Carolina Office of Disciplinary Counsel have informed him that his political and religious commentary is “unethical” to a degree sufficient to warrant legal sanction to the point of disbarment. (The South Carolina Judicial Department definitions of lawyer misconduct can be found here:
Rule 8.4: Misconduct.)
More specifically, Todd writes that these governmental agencies have threatened him with disbarment should he proceed with his planned publication of a book advocating conservative political and religious beliefs.
This past June they also informed Todd that following a two-year investigation based on a small number of complaints—none alleging anything other than offensive political and religious speech—they were electing to continue rather than cease the investigation because of comments Todd had made on his
@Todd__Kincannon Twitter account regarding a left-wing political activist. As a result, Todd felt compelled to cease his Twitter communications effective June 22, and he has been silent in that forum since then.
In short, these South Carolina government officials are purportedly seeking to strip Todd of his professional license to practice law based solely upon his Constitutionally protected exercise of his right to freedom of political and religious speech.
Kincannon Breaks Silence With Email to Purchasers of His Book
Todd revealed this current state of affairs in an email released to persons who had pre-ordered copies of his book, in explanation for why they would not be receiving their ordered books in as timely a manner as they had expected.
As if that's not bad enough, note the reaction from Max Blumenthal, one of the leading anti-Israel and pro-BDS campus speakers and authors:
As if that's not bad enough, note the reaction from Max Blumenthal, one of the leading anti-Israel and pro-BDS campus speakers and authors:
