The Anti-orthodoxy Principle

Abstract

This chapter examines the “anti-orthodoxy principle,” which holds that governments and majorities cannot compel or prescribe what thoughts or gestures are acceptable in the realms of politics, culture, or faith. President Trump’s public dispute with NFL players and owners over pregame protests, petty insistence on certain holiday greetings, proposal to criminalize flag-burning and denaturalize flag burners, and insistence on “loyalty” all implicate the anti-orthodoxy principle. The Supreme Court has frequently and ardently rejected governmental efforts to compel convention or punish dissent from majority opinion. This position is rooted in principles of speaker autonomy and freedom to dissent. The president’s statements and actions have challenged Americans to once again tolerate peaceful forms of dissent and differing views regarding matters such as patriotism, religion, social justice, and race.