Skip to content
Search

Latest Stories

Follow Us:
Top Stories

What is ‘legitimate political discourse,’ and does it include the Jan. 6 attack on the Capitol?

Capitol insurrection, "legitimate political discourse"
Congress is divided over whether to establish a commission to investigate the Jan. 6 insurrection at the Capitol.
Samuel Corum/Getty Images

Mercieca is a professor of communication at Texas A&M University. Shaffer is an associate professor at Kansas State University.

When the governing body of the Republican Party called the events of Jan. 6, 2021, “legitimate public discourse,” it renewed a sometimes-furious debate about what are, and aren’t, acceptable forms of discussion and debate in a democratic society.

This question has emerged frequently in recent years, with complaints about inappropriate methods of protest, efforts to take particular viewpoints off social media, and accusations that various people are disseminating misleading information. But the issue took on new urgency on Feb. 4, 2022, when the Republican National Committee censured U.S. Reps. Liz Cheney of Wyoming and Adam Kinzinger of Illinois.

They are the only Republicans serving on the House Select Committee to Investigate the January 6th Attack on the United States Capitol. The governing body of the Republican Party said this meant they were “participating in a Democrat-led persecution of ordinary citizens engaged in legitimate political discourse.”

As researchers who study the relationship between communication and democracy, we believe our insights can help citizens draw the line between “legitimate political discourse” and illegitimate political violence.


There are legal standards defining protected speech, but something that meets the legal definitions may not necessarily help build and maintain democracy. Scholarly definitions of the types of speech that are beneficial for democracy help make the issues clearer.

Persuasion, not coercion

Put most simply, speech that is designed to teach people about other viewpoints and persuade them to change their minds – rather than pressuring them to take different actions – is good for democracy.

The key, as pointed out by communication scholar Daniel O'Keefe, is that the audience has “ some measure of freedom ” about receiving the message and choosing how to act upon it.

Persuasion, even in its most vigorous and aggressive form, is an invitation. When a person seeks to persuade someone else to agree with their viewpoint or values, or to recall or ignore history in a particular way, the recipient may choose to go along, or not.

Coercion, on the other hand, is a kind of force – a command, not an invitation. Coercion denies others the freedom to choose for themselves whether to agree or disagree. Coercion and violence are anti-democratic because they deny others their ability to consent. Violence and coercion are the very opposite of legitimate political discourse.

Politics is not war, and legitimate political discourse is not violence.

‘Be a citizen, not a partisan,’ says Jennifer Mercieca, a historian of political discourse.

What about protest?

Protests can take many forms. In their most democratic form, political scientist Mary Scudder notes that protests “ can improve the deliberativeness of a political system by putting important problems on the agenda or introducing new arguments into the public sphere.” Protest helps people to be aware of the views held by others, even if different groups disagree vehemently.

In the name of democracy, scholars of communication, free speech and deliberation have said protesters deserve to be heard and given as much latitude as possible to communicate with the public. In part, that is because protesters may represent underprivileged or mistreated people whose messages may be hard for powerful interests to hear.

But impassioned protest can sometimes seem like an attempt at coercion, especially for people who feel targeted by the protesters’ messages.

Persuasion and coercion on Jan. 6

The Republican National Committee would like Americans to focus on the peaceful protesters who gathered on Jan. 6, 2021, to hear President Donald Trump’s speech at the Ellipse – and ignore the violence at the Capitol.

If we look at the Ellipse, we see a vibrant, and legitimate, political protest with signs, chants and speeches. If we look at the Capitol, by contrast, we see illegitimate political violence, including people using bear spray, erecting a hangman’s noose and assaulting others.

The link between them was Trump’s speech. He used a particular combination of rhetorical strategies, calling for a plague to be removed so that the nation could be pure again; threatening force; and claiming that his group was good, strong, pure and sure of victory. He also made claims of victimhood, of having had something stolen from him and his supporters. This specific combination of rhetorical strategies has traditionally been used to motivate a nation for war.

That type of communication from a president can be legitimate political discourse when used to motivate a nation to war against another nation, though there have certainly been circumstances in American history in which that power has been abused. But when the president uses that rhetoric against the democratic process in his own government in order to retain power, it is not legitimate political discourse. Rather, as scholars of authoritarianism have explained, using war rhetoric against your own nation amounts to an “autogolpe,” or “self-coup.”

When Trump urged the Ellipse crowd to march to the Capitol and “ fight like hell,” his words transformed an occasion of legitimate political discourse into an anti-democratic violent insurrection.

The result was real physical violence, characterized by Capitol Police Sgt. Aquilino Gonell, a 42-year-old veteran of the war in Iraq, as a “ medieval battle.” Several people died and many were injured.

American democracy was damaged as well. Lisa Murkowski, a Republican U.S. senator from Alaska, called the Republican National Committee’s characterization “false” and “wrong,” saying on Feb. 5, 2022, that the events at the Capitol were “ an effort to overturn a lawful election.”

Democracy isn’t a game. To respond with appropriate seriousness, Americans can’t frame moments such as Jan. 6 simply as a “ competition between left versus right, Democrat versus Republican; a battle of individuals and political factions,” writes communications scholar Dannagal Young. Those violent, coercive events are challenges to the real heart of democracy: peaceful persuasion and the rule of law.

Looking at the entirety of what occurred on Jan. 6, 2021, it’s clear that there was both legitimate protest and illegitimate political violence. When political violence replaces political discourse, and when political leaders refuse to play by the democratic rules of the game, democracies weaken, and may even die.

This article is republished from The Conversation under a Creative Commons license. Click here to read the original article.


Read More

How Race and Species are Leveraged Against Each Other

Texas Rep. Al Green held a sign reading "Black People Aren't Apes," protesting a racist video Trump had previously shared on Truth Social. Green was escorted out of the House chamber just minutes into President Donald Trump's State of the Union address.

How Race and Species are Leveraged Against Each Other

This was nothing new.

Before President Donald Trump released a video on his Truth Social account earlier this month that depicted Michelle and Barack Obama as apes, many were already well aware of his compulsive use of AI-generated deepfake content to disparage the former president. Many were also well aware of his tendency to employ dehumanizing rhetoric to describe people of color.

Keep ReadingShow less
President Franklin D. Roosevelt addressing congress, December 8, 1941.

President Franklin D. Roosevelt addressing congress, December 8, 1941.

Getty Images, Fotosearch

Four Freedoms: What We Are Fighting For

The record of the Trump 2.0 administration is one of repeated usurpations and injuries to the body politic: fundamentally at odds with the principles of democracy, without legal or ethical restraint, hostile to truth, and indifferent to human suffering. Our nation desperately needs a stout and engaging response from the party out-of-power. It’s necessary but not sufficient for Democrats to criticize Trump, rehearsing what they are against. If it is to generate renewed enthusiasm among voters, the Democratic Party must offer a compelling positive message, stating clearly what it stands for.

Fortunately, Democrats don’t need to reinvent this wheel. They can reach back to a fraught moment in our history when a president brought forward a timely and nationally unifying message, framed within a coherent, memorable, and inspiring set of ideas. In his address to Congress on Jan. 6, 1941 – a full 12 months before Pearl Harbor – Franklin Delano Roosevelt termed the international spread of fascism an “unprecedented” threat to U.S. security. He also identified dangers on the home front: powerful isolationist leanings and, in certain quarters, popular support for Nazi ideology. Calling for increased military preparation and war production (along with higher taxes), he reminded citizens “what the downfall of democratic nations [abroad] might mean to our own democracy.”

Keep ReadingShow less
Marco Rubio is the only adult left in the room

U.S. Secretary of State Marco Rubio delivers a keynote speech at the 62nd Munich Security Conference on Saturday, Feb. 14, 2026, in Munich, Germany.

(Johannes Simon/Getty Images/TNS)

Marco Rubio is the only adult left in the room

Finally free from the demands of being chief archivist of the United States, secretary of state, national security adviser and unofficial viceroy of Venezuela, Marco Rubio made his way to the Munich Security Conference last weekend to deliver a major address.

I shouldn’t make fun. Rubio, unlike so many major figures in this administration, is a bona fide serious person. Indeed, that’s why President Trump keeps piling responsibilities on him. Rubio knows what he’s talking about and cares about policy. He is hardly a free agent; Trump is still president after all. But in an administration full of people willing to act like social media trolls, Rubio stands out for being serious. And I welcome that.

Keep ReadingShow less
“Pulling Donald Trump’s Teeth”

U.S. President Donald Trump speaks alongside Secretary of Commerce Howard Lutnick (C) and U.S. Trade Representative Jamieson Greer (R) during a press briefing held at the White House February 20, 2026 in Washington, DC.

Getty Images, Anna Moneymaker

“Pulling Donald Trump’s Teeth”

I came of age, politically speaking, during the presidency of one of the two most polarizing figures in our recent history. I am aging out during the presidency of the second one.

Richard Nixon and Donald Trump rose to power in markedly different ways but suffered remarkably similar falls from public grace while they were in office. Whatever demons and character flaws may have driven them to wield power as they did obviously played a part in their rise and fall, but they are irrelevant to the central point of this essay.

Keep ReadingShow less