“Trump Didn’t Violate Logan Act with Reshare of Old Iran Social Media Post, Experts Say”
PolitiFact (Jeff Cercone) has the story; I am one of the experts. An excerpt about the facts:
After Iran launched a barrage of missiles at Israel on April 13 in its first direct military assault on the country, Sen. Rick Scott, R-Fla., told his X followers why he thought former President Donald Trump should be reelected.
“This is the strength we need back in the White House!” Scott wrote April 13, sharing a July 22, 2018, tweet in which Trump threatened Iran’s president. Trump later that day shared a screenshot of Scott’s post on Truth Social , without further comment.
Trump’s sharing of Scott’s post led several X users to accuse the former president of violating the Logan Act, a 1799 law that bars private citizens from communicating with foreign governments to influence them about disputes with the U.S.
My thinking, from my e-mail to the PolitiFact writer (which was largely quoted in the post):
[1.] The Logan Act is a 1799 statute that makes it a crime for a U.S. citizen acting “without authority of the United States” to
- “directly or indirectly commence[] or carr[y] on any correspondence or intercourse with any foreign government or any officer or agent thereof,
- “with intent to influence the measures or conduct of any foreign government or of any officer or agent thereof,
- “in relation to any disputes or controversies with the United States, or to defeat the measures of the United States.”
It thus purports to restrict at least some forms of negotiations with foreign governments by private citizens.
[2.] If this is read as applying to public exhortations to foreign governments, it would pretty clearly violate modern First Amendment principles. Americans – whether Senators, former officeholders, newspaper editors, or ordinary citizens – have a right to publicly call for foreign governments to do or not do various things.
The New York Times editorial board has a right to call on Israel to follow American government advice about Gaza, or to call on Russia to free Wall Street Journal reporter Evan Gershkovich. People have a right to publicly say “Putin, keep up the good fight against Ukraine” (or, in an earlier era, “Sandinistas, keep up the good fight against the contras”) even though that would be aimed at defeating U.S. policy. Likewise, legislators are entitled to do the same, as are well-known (or unknown) private citizens.
More broadly, of course a campaigning public official has to be able to express his views about foreign policy, and statements to voters framed as demands to foreign officials are a pretty normal and constitutionally protected means of doing so. [I should have more precisely said, “a person campaigning for public office.” -EV]
My sense is that, if there is a prosecution … a court would read the statute narrowly, as focused only on direct one-on-one negotiations (though even those may well be constitutionally protected). But if it concludes that “correspondence or intercourse” includes public statements, aimed at least at much at a domestic audience as at the foreign country, then I can’t see how the statute thus interpreted would be consistent with First Amendment law.
Here’s a post of mine on a similar question in 2015, which also quotes Profs. Steve Vladeck (now at Texas), Michael Dorf (Cornell), and Marty Lederman (Georgetown).
[* * *]
I’ve been hearing some buzz about whether House Speaker John A. Boehner, when he invited Israeli Prime Minister Benjamin Netanyahu to address Congress, and the 47 Republican senators who wrote a letter to Iranian leaders violated the Logan Act. I’m not an expert on the subject, and don’t have an expert opinion. But I thought I’d canvass some opinions from scholars who have focused on this question (which is quite separate, of course, from the question whether the speaker’s and senators’ actions were wise).
1. First, what’s the Logan Act, you ask? Unusually for statutes (as opposed to judicially crafted doctrines, such as the Miranda ru
Article from Latest
The Reason Magazine website is a go-to destination for libertarians seeking cogent analysis, investigative reporting, and thought-provoking commentary. Championing the principles of individual freedom, limited government, and free markets, the site offers a diverse range of articles, videos, and podcasts that challenge conventional wisdom and advocate for libertarian solutions. Whether you’re interested in politics, culture, or technology, Reason provides a unique lens that prioritizes liberty and rational discourse. It’s an essential resource for those who value critical thinking and nuanced debate in the pursuit of a freer society.