Do Not Prosecute Flynn

Published at 08:57 on 5 June 2021

Make no mistake, Flynn is a disgusting fascist who did just advocate a fascist coup. If he were still actively serving, he could and should be prosecuted under military law.

But he is retired. Any use of “Gen.” in front of his name has to be followed with “(ret.).” Retired officers are not officers; they are civilians.

There is no evidence that Flynn has any ability to immediately put his coup in motion. As such, what he said lacks the immediacy to pose any real threat of sedition. What he said was noxious, but it still appears to be free speech.

Those who think otherwise should be careful of what they wish for. Prosecuting Flynn will set precedents for prosecuting political speech, and those precedents will soon enough be used by the right against the left.

Deplatforming is, of course, an entirely different matter. Fascists like Flynn deserve all the deplatforming they get. Flynn is free to hold whatever opinions he wants, but other private citizens are free to distance themselves from having anything to do with his opinions. Having an opinion does not entitle anyone to automatic respect or agreement on the part of others.

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