Tag Archives: David Ignatius

Free Speech on Trial? I. F. Stone’s ‘The Trial of Socrates’

Isidor Feinstein Stone was widely known and read as a liberal/socialist leaning journalist and newsletter writer from the 1930’s to the ‘80’s.  His introduction to the paperback edition of this book suggests it was the product of a late in life desire to move away from investigating current injustices and stake a claim to something timeless. 

In that, Stone acquits himself admirably, analyzing the works of Plato, Aristotle, Euripides, Xenophon and others like a professor of the Classics, along the way citing a wealth of references both primary and secondary, some of which seem quite obscure.  His commentary on specific words of Ancient Greek – their origins and multiple usages and especially the implications of how they’ve been translated (or mistranslated) over the ages – suggests an ability to read the original Greek language sources, which is impressive in one whose Wikipedia entry records only that he dropped out of the University of Pennsylvania

Greatest take away for this unschooled reader is to reframe Socrates from a revered name in the pantheon of Athens’ great philosophers into a rather disreputable rascal; a gadfly and rabble-rouser accused of corrupting the state’s youth by arguing the efficacy of oligarchic tyranny at a moment when such evils had very recently taken advantage of democracy’s natural disorder to seize power for themselves – twice! – and stood eager to do so again at any time.  Also, as Stone puts it, a man who habitually and resolutely argued the negative side of every issue without ever offering a single positive value to which he would actually commit.  This, in Stone’s view, is the real reason Socrates seemed to actively seek and welcome his death sentence (at an age when he could otherwise look forward only to sickness and decline) and turned his own death into a performance calculated to seal his place in posterity.  As likely as it was that a defense on the grounds of free speech might have saved his life (the last chapters of the book analyze this in extravagant detail), Socrates would not demean himself by pleading a principle against which he had previously argued with all his eloquence.  Even more, he seemed purposely to alienate his judges so as to be sure they would not honor their own and their City’s principles by freeing him on those same grounds.

Which last leads into the second lesson of this author’s analysis. An ardent supporter himself of the right to speak freely, Stone reminds the reader that such a right has very rarely been the policy of any government or governing system.  Even among the Golden Age Greeks it was a niche freedom, always tempered by its applicability only to those accredited for a specific body or forum, or only those of wealth and privilege, only those meeting citizenship requirements, only those owning property, only those not owned as slaves or reviled as foreigners or uncivilized – the list goes on.  That freedom of speech was not a universal value even among those greats in that great time and place is a very valuable reminder for those of us living in this one (U.S. A, 2025)

Certainly worthwhile to read and know, Stone’s analytics in The Trial of Socrates feel repetitive and over-argued; one imagines the same points could have been made in an essay rather than a book. But then, an essay about such a scholarly subject would never have achieved the visibility and stickiness this stand-alone book has (much less been deemed a ‘NATIONAL BESTSELLER’ as the paperback jacket proudly proclaims). Pulling Socrates off his pedestal at the same time it raises the U. S. First Amendment’s guarantee of Free Speech up onto one of its own is pretty good work for a small volume (247 pages plus Notes) by the college-dropout son of an immigrant shop owner? Achievements well worthy of a space on the shelf.

Ripe for Amendment?

Saw an excellent opinion piece recently about the history of Amendments to the U. S. Constitution, starting with the fact that the document’s authors fully intended it to be revised – the Amendment process is written in, after all (Article V) – and running up through our fifty-plus-year drought of amendments since the 1970’s.   It can certainly be argued whether our current divisiveness and the dysfunctionality of Congress are one reason we’ve had no Amendments recently, or one result of that, but the phenomena are certainly related to one another.

Well-thought-through and widely-accepted new Amendments could allow our nation’s founding document to grow and adapt to conditions which have changed dramatically, including: a population which has gone from about four million peeps in 1790 to some 330 million in 2020; a mix of states which has gone from 13 small, young and rural ones to 50 with wildly varied histories, populations and urban/rural characters; multiple technological and cultural revolutions; and an international context the Founders might well struggle to recognize. 

Given all that, here are a few modest proposals to be considered when the time seems right

Free the Courts:  we’ve all been taught that the Federal government has three branches -the Legislative, the Executive and the Judicial (perhaps equal, perhaps not, depending…) and that this configuration ensures checks and balances on the power of each, thereby protecting the system and our freedoms.  Current events are making clear that the Judicial branch is not really an effective check or balance so long as the Chief Executive appoints (even with Legislative approval required) and can fire (at will and whim) the Attorney General, thus allowing that Executive to direct and weild the enormous power of the Department of Justice as he or she wishes.  A new Constitutional Convention, or a renewed and less-rigidly divided and more collaborative Congress would do well to consider an Amendment to remedy this by making Justice independent of the Executive branch and the Attorney General an elected office with a four year term, perhaps voted upon in Presidential off-years, and no longer a member of the President’s Cabinet (though still with other rights and privileges of Cabinet level responsibility and authority). 

While we’re at it: how about also solidifying the makeup of the Supreme Court by fixing it’s number (rather than leaving it vulnerable to change by some future legislature) and specifying a limited term for justices (so the Court better reflects gradual changes in society and culture) with staggered start dates (so no one President/term gets to appoint more justices than another (whether by random happenstance or by McConnel-esque abuses of Congress’s approval authority). Those changes would work against the politicization some believe we are experiencing with the current Court.  And, since we’re talking pie in the sky, maybe even consider requiring each Justice as they take their seat to designate a successor who will fill out the rest of their term should they die, be incapacitated or simply exhausted before it runs out (thus avoiding any lucky President – or violent actor – taking advantage of such an event to pack the court with their preferred jurists).

Speaking of elections: one aggravator of our recent discord has been the ascent of Presidents to office without receiving even the barest majority of the votes cast (not to mention those who did not even receive a plurality!).  More than just casting doubt upon a leader’s legitimacy, this has led too many citizens to conclude that their votes are not worth casting.  A constitutionally-mandated two-stage election would address this issue, with as many candidates/parties running in the first stage as wish to and then just the two top vote getters participating in a run-off election to decide who will hold the office.   That format would ensure the winner receives a majority of votes, while also offering an unmistakable indicator of just how strong or weak is their mandate. It might also diminish the stranglehold of two-party politics, since a third-party or independent candidate need only defeat one of the two major parties to reach the runoff (and have a legitimate chance at the White House), rather than having to surpass both of them from a standing start as under the current system.  Whatever expense or delay is incurred by this two-stage process might have ruled it out back in the founders’ days of carriage rides and snail mail but would be entirely manageable in today’s electronic age.

(Debating and reaching agreement on issues like those might even serve as a warm-up so said Congress or Convention could address the stalemate between small and large states with an amendment that retires or at least updates the Electoral College so Presidential Elections would more fairly deal with the enormous disparities in populations relative to Senatorial votes.)

Obviously, tons of other ideas for amendment are out there and more will quickly arise if the ball ever gets rolling, but those above seem to this writer to be top of the list.   The time is ripe for us to use the tool those wise heads passed down to us in order that their legacy may be improved and sustained for many more generations!

P. S. – This post was inspired in part by “Amend It!” written by Jill Lepore and appearing in the print and online editions of The Atlantic, October 2025.  Neither M. Lepore nor The Atlantic have any connection to this post or site, nor are either in any way responsible for its content.

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The Crisis is Upon Us!

To all those pundits still talking of the courts reigning in Mr. Trump, or of a ‘possible’ constitutional crisis ‘ahead’:

Fugeddabout it!

An administration led by the ‘world’s greatest negotiator,’ who claimed he could end two overseas wars easily, cannot get a single unjustly imprisoned man released from the country with which they previously negotiated an agreement to remit him?

This is an obvious refusal to comply with the courts, shrouded in the weak and passive-aggressive excuses of snickering adolescence.

The constitutional crisis is here, folks, right before our eyes!

(First posted as a Substack Note, 2025-04-13)