Skip to main content
NICD News

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

By February 8, 2022February 10th, 2022No Comments

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.

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.


Disclosure statement

Timothy J. Shaffer receives funding from the Sunflower Foundation and the Charles F. Kettering Foundation for research on civil discourse and democracy.

Jennifer Mercieca does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.