Kris Wheeler Kris Wheeler

Truth in Crisis — Part II

How Disinformation Became Legally Untouchable

In Part I of this series, we explored how the First Amendment—written for pamphlets and printing presses—has struggled to govern a modern information ecosystem defined by speed, scale, and profit. That mismatch created a dangerous gap: while speech is protected from government suppression, the public is left largely unprotected from intentional deception.

That gap did not emerge by accident. It has been exploited—methodically, legally, and profitably.

Today, some of the most damaging falsehoods in American public life are not spread in spite of the law, but because of how the law is structured. Over time, powerful media organizations and online personalities have learned how to operate within the letter of the First Amendment while undermining the democratic purpose it was meant to serve.

Four legal and structural shields make this possible.

Behind the studio lights: power, profit, and a manufactured reality. They don’t inform you. They engineer you.

How Disinformation Became Legally Untouchable

In Part I of this series, we explored how the First Amendment—written for pamphlets and printing presses—has struggled to govern a modern information ecosystem defined by speed, scale, and profit. That mismatch created a dangerous gap: while speech is protected from government suppression, the public is left largely unprotected from intentional deception.

That gap did not emerge by accident. It has been exploited—methodically, legally, and profitably.

Today, some of the most damaging falsehoods in American public life are not spread in spite of the law, but because of how the law is structured. Over time, powerful media organizations and online personalities have learned how to operate within the letter of the First Amendment while undermining the democratic purpose it was meant to serve.

Four legal and structural shields make this possible.

1. Opinion as a Legal Shield

The most significant protection for modern disinformation is the legal distinction between fact and opinion.

Courts give wide latitude to opinion, recognizing that democratic debate requires room for interpretation, advocacy, and even provocation. That protection is essential. But it has been weaponized.

Today, opinion programming often adopts the full visual and rhetorical language of journalism—news desks, breaking banners, authoritative tone—while delivering false factual claims. When challenged, these same programs retreat behind the claim that they are merely offering opinion or entertainment, and that no reasonable viewer should interpret their statements as literal fact.

This creates a shell game.

Viewers are encouraged to treat the content as news. Courts are asked to treat it as performance. The result is a system in which factual falsehoods can be broadcast nightly to millions, so long as they are wrapped in opinion framing.

Opinion deserves protection.
Disinformation does not.

2. The “Actual Malice” Barrier

Even when false statements cause demonstrable harm, legal accountability is extraordinarily difficult to achieve.

Under long-standing Supreme Court precedent, public figures seeking to prove defamation must demonstrate “actual malice”—that a statement was false and that the speaker knew it was false or acted with reckless disregard for the truth.

This standard was established to protect a free press from intimidation and censorship. But in the modern media environment, it has become an almost insurmountable barrier.

Proving actual malice requires access to internal communications, editorial deliberations, and private acknowledgments—materials that are rarely available without years of litigation and immense financial resources. As a result, most cases fail long before reaching trial.

Accountability becomes the exception, not the rule.

3. No Truth-in-News Requirement

Contrary to popular belief, there is no general legal requirement in the United States that news outlets be truthful.

The Federal Communications Commission does not regulate cable news content. The Fairness Doctrine no longer exists. There is no federal “truth in reporting” standard comparable to consumer protection laws that govern advertising or financial disclosures.

Enforcement is almost entirely civil, not regulatory. That means accountability depends on private lawsuits—slow, expensive, and often inaccessible to ordinary citizens.

In practice, this creates a vacuum: a system where the most powerful voices face the fewest consequences.

4. Money, Power, and Delay

Even when lies cross legal thresholds, the realities of wealth and time intervene.

Litigation takes years. Legal teams cost millions. Most individuals, journalists, and organizations cannot afford to pursue justice through the courts. By the time a case is resolved—if it ever is—the damage to public trust, democratic norms, and civic cohesion has already been done.

Rare exceptions prove the rule. Only entities with extraordinary resources and access to internal evidence have been able to break through this wall. Those cases are not signs of a healthy system—they are signs of how broken it has become.

What This System Produces

Together, these four shields create a predictable outcome:

  • False factual claims spread widely

  • Corrections arrive late, if at all

  • Accountability is rare

  • Trust erodes

  • Anger replaces deliberation

This is not an accident. It is the logical consequence of a legal framework that protects speech without accounting for power, reach, or intent.

The First Amendment does not grant the right to lie.
But it has created a system in which powerful media organizations can spread disinformation with minimal accountability.

That distinction matters.

Democracy depends not on agreement, but on a shared factual baseline. When that baseline collapses—when opinion becomes a delivery system for lies—self-government becomes impossible.

This is not a call to suppress speech. It is a call to confront a reality we can no longer afford to ignore.

If intentional deception carries no consequence, democracy cannot survive.

Part III will examine why restoring shared truth now requires constitutional accountability—and what reform could look like without threatening free expression.

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Kris Wheeler Kris Wheeler

Truth in Crisis — Part I

The First Amendment Wasn’t Built for This

The First Amendment is one of the greatest achievements in human history. It protects dissent, guards against tyranny, and ensures that those in power can be challenged without fear of government reprisal. It is foundational to American democracy—and indispensable to a free society.

But it was not built for the world we now inhabit.

1791 protected speech from government power. 2026 tests whether truth can survive industrial deception.

The First Amendment Wasn’t Built for This

The First Amendment is one of the greatest achievements in human history. It protects dissent, guards against tyranny, and ensures that those in power can be challenged without fear of government reprisal. It is foundational to American democracy—and indispensable to a free society.

But it was not built for the world we now inhabit.

When the First Amendment was written in the late 18th century, “the press” meant printed pamphlets and newspapers. Information traveled slowly. Distribution took days or weeks. Reach was local or regional. Editors were identifiable. Accountability—while imperfect—was real. Errors could be challenged. Falsehoods could be rebutted. Debate had time to breathe.

The framers were protecting political dissent from government suppression. They were not designing a system for instantaneous, global, profit-driven influence machines capable of shaping reality itself.

That distinction matters.

Today, information moves at the speed of light. Falsehoods travel faster than verification, faster than correction, and faster than any legal remedy. The constitutional system assumes time exists for rebuttal and debate. In the modern media ecosystem, damage is often done before truth can respond.

This is not a failure of free speech. It is an unintended consequence of its success.

Over time, three fundamental changes have reshaped the information landscape in ways the Constitution could not have anticipated.

First, speed without friction.
The framers assumed that bad ideas could be countered by better ones. That assumption relied on time—time for scrutiny, time for response, time for reason to prevail. Today, a false claim can reach millions in seconds, amplified by algorithms designed to reward outrage rather than accuracy. Retractions, corrections, and fact-checks rarely travel as far or as fast as the original lie.

Second, entertainment disguised as journalism.
The First Amendment protects speech. Courts protect opinion. Modern media organizations have learned to exploit this distinction by presenting opinion programming using the visual language and authority of journalism—news desks, chyrons, breaking-news graphics—while later claiming “entertainment” when challenged. Viewers are told to treat the content as news, but courts are asked to treat it as performance.

This is not classical free speech. It is identity laundering.

Third, scale without responsibility.
The framers assumed speech power was relatively diffuse. No single voice could dominate national discourse. Today, a handful of media outlets and online personalities reach tens of millions of people daily, shaping political behavior, public perception, and even democratic outcomes—often with no meaningful obligation to correct known falsehoods.

The First Amendment was designed to protect the speaker from the state.
It was not designed to protect the public from systematic deception.

That gap has grown enormous.

This moment did not arise because Americans value free speech too much. It arose because our legal framework has not evolved alongside the information ecosystem it now governs. The result is a system where intentional deception can flourish, so long as it is labeled “opinion,” monetized effectively, and insulated by wealth and legal complexity.

This is not about censorship. It is about classification, accountability, and civic responsibility.

Democracy does not require agreement. It requires a shared factual baseline—a common understanding of what is real. Without that foundation, debate collapses into tribalism, elections become identity battles, and anger replaces deliberation.

History offers a warning here. Democracies do not typically fall because citizens stop caring. They fall when truth becomes optional, when reality fractures, and when lies carry no consequence.

The framers of the Constitution could not have foreseen an information ecosystem where entertainers masquerade as journalists, where falsehoods are monetized at scale, and where millions are misled in real time. That does not diminish the First Amendment. It challenges us to take it seriously enough to confront its unintended consequences.

Free speech was meant to protect dissent—not to shield disinformation at industrial scale.

This is the question now before us:
If democracy depends on shared truth, and shared truth has collapsed, what responsibility does the Constitution have to evolve?

Part II will examine how modern media organizations legally insulate disinformation—and why existing safeguards have failed to protect the public.

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Kris Wheeler Kris Wheeler

When a Country Loses Its Soul

The death in Minneapolis is not an anomaly. It's part of a national unraveling — where cruelty is policy, lies replace truth, and democracy itself is on life support.

A woman is dead.

• Shot by a federal agent in Minneapolis.
• An ICE operation with no local justification.
• No crime. No threat. No explanation that makes it right.

This wasn’t law enforcement. It was spectacle — state violence as political theater. It happened because cruelty has become the point.

But this is bigger than one tragedy. It’s a symptom. Of a doctrine. Of a worldview.

One that has pulled America to the edge.

The death in Minneapolis is not an anomaly. It's part of a national unraveling — where cruelty is policy, lies replace truth, and democracy itself is on life support.

A woman is dead.

• Shot by a federal agent in Minneapolis.
• An ICE operation with no local justification.
• No crime. No threat. No explanation that makes it right.

This wasn’t law enforcement. It was spectacle — state violence as political theater. It happened because cruelty has become the point.

But this is bigger than one tragedy. It’s a symptom. Of a doctrine. Of a worldview.

One that has pulled America to the edge.

This Is What a Nation in Decline Looks Like:

🔹 Democratic norms shredded.
Trump’s allies ignore subpoenas, threaten judges, and openly vow to rewrite the Constitution. The rule of law is now optional — if you’re in power.

🔹 Federal agencies turned into weapons.
The DOJ still hasn’t complied with the court order to release the Epstein files. Who are they protecting — and why?

🔹 Naked imperialism, rebranded as policy.
Trump is taking Venezuela’s oil. He’s threatening to take Greenland and make it part of the U.S.
This isn’t foreign policy.
It’s looting.

🔹 Fear as governance.
Immigrants. LGBTQ+ Americans. Protesters. Scientists. Teachers.
Demonized and threatened — not for what they’ve done, but for who they are.

🔹 Disinformation as a weapon.
From Fox News to the darkest corners of social media, truth no longer matters.
Only the spin.
Only the shield.

🔹 Violence normalized.
A federal show of force ends in bloodshed.
Elected officials call for “bloodbaths” if elections don’t go their way.

This isn’t political hardball.
It’s the slow unraveling of a country’s moral center.

We Are Witnessing the Death of Democratic Conscience

When the law is bent for power…
When facts are drowned by lies…
When violence is praised and cruelty rewarded…

A nation doesn’t collapse all at once.
It erodes — moment by moment — until something unspeakable becomes normal.

That’s where we are.

And the question is:
Are you just going to stand by and watch?

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Kris Wheeler Kris Wheeler

Naked Imperialism: The Trump Doctrine

The words and actions of Donald Trump reveal a man who views power as entitlement and other nations as resources to be taken.

That worldview has a name — imperialism — and history warns us what happens when it goes unchallenged.

In the past week, the former president has made his intentions explicit. Regarding Venezuela, Trump stated clearly: “We’re going to be taking out a tremendous amount of wealth out of the ground.”

Not oil leases. Not diplomatic deals. Wealth. Out of the ground. And not through partnership, but through power — power wielded by a country that sees its might as license.

This is naked aggression.

The words and actions of Donald Trump reveal a man who views power as entitlement and other nations as resources to be taken. That worldview has a name — imperialism — and history warns us what happens when it goes unchallenged.

In the past week, the former president has made his intentions explicit. Regarding Venezuela, Trump stated clearly: “We’re going to be taking out a tremendous amount of wealth out of the ground.” Not oil leases. Not diplomatic deals. Wealth. Out of the ground. And not through partnership, but through power — power wielded by a country that sees its might as license.

This is naked aggression.

It’s the same worldview behind his ongoing obsession with Greenland — a territory he has repeatedly claimed should be “part of the United States.” This week, one of his closest aides, Stephen Miller, when asked if the U.S. would rule out military force to claim Greenland, responded: “Nobody is going to fight the United States militarily over the future of Greenland.”

Let that sink in.

This is not foreign policy. It is conquest.

These are not isolated remarks or exaggerated interpretations. They are part of a deliberate pattern: a public re-embrace of raw imperial thinking — domination of land, extraction of resources, and the rejection of sovereign consent as a requirement for American action.

The response from the international community has been swift and unified. On January 6, in a rare joint statement, the leaders of France, Germany, Italy, Poland, Spain, the United Kingdom, and Denmark reminded the world — and the United States — that “Greenland belongs to its people,” and that any attempt to rewrite that fact is a violation of the most basic principles of international law. They affirmed that Denmark, and Greenland, are part of NATO — and made clear that territorial integrity, sovereignty, and the inviolability of borders are not suggestions. They are the foundation of peace.

Let’s be honest: when American presidents speak, the world listens. And when they speak like this — about taking wealth from the ground of a weakened nation, or claiming a territory populated by people who have not asked to be ruled — the world is right to be alarmed.

The Monroe Doctrine was once a warning against European colonization in the Western Hemisphere. What we are witnessing now is an inversion of that idea: the assertion that this hemisphere belongs to us, not in principle, but in possession.

We must ask ourselves: is this who we are?

Because if we remain silent while this rhetoric is normalized — if we do not call it what it is — we are complicit in its return.

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Kris Wheeler Kris Wheeler

The Trump Doctrine Is About Power — and Venezuela Is Just the Beginning

This Isn’t Justice. It’s Extraction.

The Trump Doctrine Is About Power — and Venezuela Is Just the Beginning

A few hours after U.S. forces launched strikes in Venezuela and reportedly captured President Nicolás Maduro, Donald Trump stood before cameras and said the quiet part out loud.

“We’ll run Venezuela for a period of time, until there’s a transition…”
“We’ll be taking a tremendous amount of wealth out of the ground.”

It was a stunning admission — not of policy, but of purpose.

The operation wasn’t presented as regime change or liberation. It wasn’t framed as a war on terrorism or humanitarian intervention. The justification was narcotics charges. The outcome was military occupation. And the plan, according to Trump himself, involves seizing control of Venezuela’s oil and mineral reserves under the guise of transition.

If this sounds more like looting than law enforcement — it is.

And the most disturbing part is that none of it is accidental. It’s strategic. And it’s written down in black and white.

A few hours after U.S. forces launched strikes in Venezuela and reportedly captured President Nicolás Maduro, Donald Trump stood before cameras and said the quiet part out loud.

“We’ll run Venezuela for a period of time, until there’s a transition…”
“We’ll be taking a tremendous amount of wealth out of the ground.”

It was a stunning admission — not of policy, but of purpose.

The operation wasn’t presented as regime change or liberation. It wasn’t framed as a war on terrorism or a humanitarian intervention. The justification was narcotics charges.

The outcome was continued U.S. authority over Venezuela’s governance and resources. And the plan, according to Trump himself, involves seizing control of the country’s oil and mineral reserves — under the guise of transition.

If this sounds more like looting than law enforcement — it is.

And the most disturbing part is that none of it is accidental. It’s strategic. And it’s written down in black and white.

The Trump Corollary to the Monroe Doctrine

In November 2025, the Trump administration released its new National Security Strategy. It included a bold new framing of U.S. foreign policy in Latin America: a sweeping agenda called “The Trump Corollary to the Monroe Doctrine.”

This updated doctrine lays out a vision in which the entire Western Hemisphere is viewed as America’s rightful sphere of control — politically, economically, and militarily.

Here’s what it says, verbatim:

“We want a Hemisphere whose governments cooperate with us…
one that remains free of hostile foreign incursion or ownership of key assets…
that supports critical supply chains…
and ensures our continued access to key strategic locations.”

That’s not diplomacy. That’s dominance.

It continues:

“We will deny non-Hemispheric competitors the ability to own or control strategically vital assets…
We must be preeminent in the Western Hemisphere…
[so we can] assert ourselves confidently where and when we need to.”

There is no ambiguity here. The goal is to control Latin America’s resources, supply chains, ports, and politics — and to use military, diplomatic, and financial pressure to ensure that outcome.

This isn’t just about Venezuela. It’s about asserting ownership over the region itself.

Follow the Resources

The new National Security Strategy makes no secret of the real prize: natural resources.

It repeatedly highlights the need to:

  • “take wealth out of the ground”

  • secure “critical minerals and rare earth elements”

  • ensure U.S. access to key geographies and infrastructure

  • build “near-shore manufacturing” hubs to replace China as a source of cheap labor

This is not hypothetical. It’s operational.

Venezuela is the world’s largest proven oil reserve. It also has significant deposits of rare earth elements. So when the Trump administration justifies military action by citing narco-trafficking — and then immediately announces plans to “run the country” and extract its wealth — Americans have every right to ask:
Is this about justice, or about plunder?

From Security Strategy to Imperial Blueprint

What makes this moment even more dangerous is that the Trump Doctrine doesn’t just rely on raw military power — it combines it with a full-spectrum effort to reshape political regimes across Latin America.

The National Security Strategy outlines a plan to:

  • “enlist and expand” regional partners aligned with U.S. principles

  • isolate or pressure those aligned with rivals (particularly China)

  • control ports, infrastructure, and digital supply chains

  • and treat any independent economic ties as threats to U.S. security

According to reporting by journalist Ben Norton and others, this strategy has already played out through:

  • U.S. pressure on Panama to cancel Chinese infrastructure deals

  • support for the 2025 right-wing electoral takeover in Honduras

  • threats against Mexico, Brazil, and Colombia for working with China

  • and now, the use of military force in Venezuela

It is not a foreign policy. It is a corporate war plan.

The American Public Deserves to Know

None of this is about defending Maduro, or excusing Venezuela’s past failures. It’s about defending a principle: that we should not allow power — any power — to weaponize law, military force, and propaganda to hide what is ultimately a strategy of economic extraction and regime engineering.

The Trump Doctrine tells us exactly what it is: a plan to reassert U.S. dominance across Latin America, control critical resources, and block foreign competition.

“Taking wealth… while we run the country.”

Trump said exactly what this is about. And now we know, it will not stop at Venezuela.

Say the Quiet Part Loud

We are told this is justice. But Justice isn’t supposed to be a cover for looting resources.

We are told this is security. But security doesn’t begin with threats.

We are told this is leadership. But leadership doesn’t loot.

This is extraction, not liberation. And it’s time to say that out loud.

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Kris Wheeler Kris Wheeler

When Tribe Trumps Truth: How Identity Clouds Judgment

In a healthy democracy, disagreement is expected. People weigh evidence differently, value different outcomes, and argue their case. But something more troubling has taken hold in recent years: the growing tendency for identity to override evidence—to choose what feels loyal over what is true.

Social scientists have a name for this phenomenon. It’s often called identity-protective cognition or motivated reasoning—the tendency to process information in ways that protect one’s sense of belonging to a group. When beliefs become tied to identity, facts stop functioning as tools for understanding and start functioning as threats.

In a healthy democracy, disagreement is expected. People weigh evidence differently, value different outcomes, and argue their case. But something more troubling has taken hold in recent years: the growing tendency for identity to override evidence—to choose what feels loyal over what is true.

Social scientists have a name for this phenomenon. It’s often called identity-protective cognition or motivated reasoning—the tendency to process information in ways that protect one’s sense of belonging to a group. When beliefs become tied to identity, facts stop functioning as tools for understanding and start functioning as threats.

This isn’t a flaw unique to one political party, ideology, or faith tradition. It’s a human pattern. But in an era of fragmented media and algorithm-driven reinforcement, its consequences have become harder to ignore.

How Tribal Thinking Works

Research in social psychology shows that people are not neutral processors of information. We are more likely to accept claims that affirm our group identity and to reject or rationalize away those that challenge it—even when the evidence is strong.

Studies by researchers such as Dan Kahan at Yale have demonstrated that higher levels of education do not necessarily make people better at evaluating evidence objectively. In some cases, they make people better at defending the beliefs of their group. Intelligence becomes a tool for justification rather than correction.

This helps explain a puzzling reality: why large numbers of people sometimes support policies or leaders whose actions directly conflict with their stated values or material interests.

When Interests and Identity Collide

Consider economic policy. Over the past decade, multiple analyses by economists and government agencies have shown that broad tariffs increase consumer prices and disproportionately affect farmers, manufacturers, and working-class households. Retaliatory tariffs have repeatedly hit agricultural exports, requiring large federal subsidies to offset losses.

And yet, many voters whose livelihoods depend on affordable inputs or stable export markets have supported tariff-heavy policies because those policies were framed as symbols of national strength or group loyalty. The economic data was available. The consequences were measurable. But identity often mattered more than impact.

A similar tension appears in religious communities. Surveys consistently show that many Christians cite values such as humility, compassion for the poor, honesty, and care for the vulnerable as central to their faith. Yet political support has at times coalesced around leaders whose conduct and rhetoric openly contradict those principles.

This isn’t best explained by hypocrisy alone. It’s better understood as tribal alignment—the belief that defending “our side” is synonymous with defending what is good, even when evidence suggests otherwise.

Why Misinformation Thrives in Tribal Environments

Misinformation doesn’t spread simply because people lack access to facts. It spreads because certain claims feel right within a group’s narrative.

When identity is at stake:

  • Contradictory evidence is dismissed as biased or corrupt

  • Trusted sources are replaced with loyal ones

  • Correction feels like betrayal

In these conditions, truth becomes negotiable—not because people don’t care about it, but because accepting it would require social or psychological cost.

The result is a breakdown of shared reality. People no longer disagree about solutions; they disagree about basic facts. And when that happens, democratic decision-making becomes nearly impossible.

Why This Matters for Democracy

A democracy cannot function if citizens cannot agree on what is real. Shared truth is not about unanimity of opinion—it’s about having a common factual foundation on which disagreement can occur.

When tribal identity consistently overrides evidence:

  • Policy failures repeat without accountability

  • Harmful narratives go unchallenged

  • People vote, advocate, and argue from distorted premises

The cost isn’t abstract. It shows up in rising prices, weakened institutions, damaged communities, and people turning against one another based on fear rather than understanding.

A Question Worth Asking

None of us are immune to tribal thinking. The question isn’t whether identity shapes our beliefs—it’s whether we are willing to notice when it does.

If we all want safer communities, economic stability, and a future worth passing on, then we have to ask an uncomfortable question:

When evidence challenges what our group tells us to believe, do we lean toward truth—or toward tribe?

Rebuilding shared truth begins there.

(This piece reflects the collaborative work of The People’s Democracy).

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