If the move were to happen right now, I've think it'd be fairly easy to prove at least the President of the government was involved
Honestly, I don't remember the Federalist papers off the top of my head... but when I read this one, bells went off like I had heard this before... with the concern for the majority being attached to the electoral college, the government officials didn't trust the average vote getting real info, and biased media/rumors effecting their votes... which is pretty true now, with the extremely biased medias (on both sides) being completely one sided and biased with their programing.
Trying to limit all the negative news of their party and over highlighting the negative stuff on the side. It's amazing, how many times, someone will attack the other party, not realizing their party does the same horrible things.
Asserting the the Owners are acting with Tyranny [of majority] in suppressing protest is a very different conversation than bringing a 1st Amend claim against them. But, Geragos has subpoenaed, Kraft and Jones, and Texans Owner [This was before their QB went down] to exploit their relationships with Trump to make a Federal claim in addition to the labor claims asserted.
Neither De Tocqueville Chapter 15/DIA nor Fed #10 discuss the electoral college. It was Hamilton in Fed #68 that suggested the E.College could be one tool to protect against a populist president that would rule only in the interest of those that elected to satiate and maintain his base. It was feared that if a person from a populous state or a block of states, like the southern states, could secure 90 to 100% of the vote; they’d win the presidency regardless of what the other States did. So the EC worked 2 ways: (1) the EC could just elect someone else more qualified; and (2) it would work more subtly by working automatically. That is, a person winning a state by a huge margin has that total negated and brought in line to the ratio of the state’s population to the Country’s. He also would not get 20-30-40% of the vote in the states he lost, he’d get zero.
Interestingly, when Madison authored the 1st Amendment regarding the press he thought it’s importance was to rally the minority against a tyrannical ruler. He did not see it as playing a part in informing the people so they could express their consent, because it was the idiotic majority that installed the populist/tyrannical ruler in the first place and they’d be the oppressors.
Madison believed solid government structures like checks and balances provided by triumvirate rule and smaller local and State units of government would protect the rights of the minority. Until he saw what Hamilton was developing as treasury secretary. Madison feared the treasury’s issuing of bonds, forming banks and subsidizing business would cause congress and other powerful leaders to be indebted to Hamilton, thus undermining the safeguards the structures of government afforded. In Fed 10 Madison only saw majority factions as a problem; but this caused him to realize well-funded minority factions could be just as problematic. Dam, this guy was saw the Koch Brothers and the Mercers 220 years ago.
He also came to see that nationally organized parties, whose goal is to spread their influence, would be best served by a free and robust debate afforded by free press. And came to see the 1st Amendment as another vital check and balance.
But, Madison really honed his opinion of the 1st Amendment leading up to the 1800 election. The Federalist Party controlled all 3 branches and they passed the Sedition Act in 1798. It made it a CRIME to state false things about President, Congress or the US; but NOT against VP Jefferson. Madison saw this consolidation of power as ending our fledgling nation. Note: Trump and Bannon are not creative, they’re just copying from these Federalist Party mutts.
Madison in his Virginia Resolutions of 1800 attacked the Sedition Act arguing that free speech is an absolute right and that the Government Congress cannot interfere with the Press. He described free speech as a cornerstone principle of our democracy and absolutely vital to our national security.
What many media outlets are doing today is not done to inform and should not be protected under the 1st Amendment as the Press. Fox News’ founder open admitted that the purpose of his network was not to inform; but to spread a conservative agenda. Same for Breitbart. And there are rumors that Mueller in investigating Hannerty as a co-conspirator in Russia’s intrusion into the highest levels of our government. To be named as a co-conspirator one need only know about the scheme and further it and the furthering part does not have to be an independent crime [EG it’s not a crime to drive a friend home from a bank, but it can be if you know he just robbed it]. I think Hannerty qualifies.
What is so frustrating about those protesting the protests, is that when they speak about disrespecting the Anthem, they prove they don’t understand some of the most fundamental tenants of our democracy. Madison would have been fine with agreeing or disagreeing with the players; but would have found their denigration exceedingly offensive. And behavior that offends Madison’s view of free speech should not be catered to any more than Dodgers should have sent Robinson back to minors because 10K White Dodger fans skipped opening day in ‘47. So Papa Johns take your ketchup covered cardboard and don’t let the door hit ya in the ass.