Del. Mike Folk’s tweet lands him in hot water

Del. Mike Folk (R-Berkeley) what he tweeted falls under free speech.
Del. Mike Folk (R-Berkeley)

House of Delegates member Mike Folk (R-Berkeley) was elected to the Legislature in 2012. Since then, he’s earned a reputation as a hothead, and being outspoken to the point where it has occasionally put him in conflict with his own party.  House Speaker Tim Armstead became so frustrated with Folk during the last legislative session that he banned Folk from the GOP’s own caucus meetings.

Folk has never seemed to mind any of the controversy that his comments have produced, but this time the water is hotter.  The delegate tweeted Friday after watching a video of Congressman Jason Chaffetz (R-Utah) delve into the sloppiness with which Hillary Clinton handled classified emails that Clinton “Should be tried for treason, murder, and crimes against the U.S. Constitution… then hung on the Mall in Washington, D.C.”

The tweet went viral and produced a range of reaction, much of it condemning the delegate for his words.  West Virginia Democratic Party Chair Belinda Biafore released a statement saying, “Not only are Delegate Folk’s words concerning, they are disturbing.  The mention of hanging and implication of murder should never, ever be acceptable.”  Biafore said Folk should resign.

The Saturday Gazette-Mail reported that Folk said he was being hyperbolic.  “What I called for is for her to be tried and the maximum penalty for treason is death.  Technically it’s not death by hanging.”

Folk is a commercial pilot and his employer, United Airlines, has taken note of his words. “This pilot has been removed from flying pending our investigation,” United Continental Holdings, Inc., tweeted Sunday.  “We are appalled by his threatening comments.”

Folk defenders said the delegate’s comments are protected by the 1st Amendment.  Well, yes and no.  The free speech protection restricts only government action, not action by private employers.  If the airline believes Folk’s public comments affect his ability to serve as a pilot, that’s a private matter between United and its employee.

The 1st Amendment does provide extremely broad protections for comments against the government.  James Madison said even speech that creates “a contempt, a disrepute, or hatred (of the government) among the people” should be tolerated, according to the “Heritage Guide to the U.S. Constitution.”

Heritage points out, however, that one narrow exception includes inciting language that persuades people to engage in imminent unlawful conduct. That’s not the case here since Folk was expressing a personal opinion—no matter how repugnant—and not actually trying to rally a lynch mob.

The tweet appears to be deleted now, but Folk did tweet “Sorry, I don’t mince words… read this story & watch this video & maybe you’ll understand.”

As a two-term delegate who frequently butts heads with the leadership and other members of his own party, Folk’s influence in the legislature is limited, so often his rabble-rousing comments from the floor or in caucus are simply ignored.  But this time it’s different.  Words do matter, which is why the immediacy of Twitter is dangerous.  Think before typing.

The country is on edge right now because of the events of recent weeks. One thing we do not need is more overheated rhetoric, particularly from elected representatives who bear a greater responsibility to be voices of reason.

No, Folk does not mince words, but now his employer, the leadership of his party and the voters of the 63rd Delegate District will decide if that kind of malicious candor is what they desire in an employee and their elected representative.

 





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