When Having an Opinion Can be Dangerous

My parents taught me there are two things you do not discuss among polite company – politics and religion. I grew up in middle class Long Island during the 1980’s. My conservative-leaning Catholic family was often a minority among socially liberal neighbors and friends. As I was fascinated by politics and current events it always frustrated me that discussing such topics was largely off the table.

If you follow me online you may know that, about five years ago, I started making television appearances to provide legal analysis on current events. While topics usually involve strictly the law, they sometimes extend to national security, defense, and even politics. And while my past two employers have been very supportive of this endeavor, that is not to say that making such appearances does not come without danger.

How Does It Work?

People often ask if I receive the questions I will be asked. The answer is no – with nearly 300 total appearance under my belt I have never once been fed the questions in advance. Nor have I ever been told how to answer, or had my answers edited. Live television is truly live, so you have one chance to make your point and there are no do-overs.

I will generally get the topics in advance so I have an idea of what we will be discussing. Most of the time that proves accurate, though occasionally I get questions on topics completely out of left field. Sometimes I have knowledge of the new topic and can handle the question. Other times I have no background on the issue and do my best to wing it. But either way you need to be able to think on your feet, and if there are topics that you absolutely cannot broach (for example, if you have a conflict of interest), you had better make it clear up front.

Prior to the COVID-19 pandemic I had never made a television appearance from home. Since then it has become common on many networks to prefer a home feed, as there is less to worry about logistics and travelling to a bureau. It is definitely easier to multitask your day that way. However, I still prefer a studio (or at least the studio van) whenever the option is there. Appearances are stressful enough without worry about your internet connection failing or your dog barking or your kids barging in.

Professionalism Over Partisanship

Let’s get this out first – I am a conservative Republican. I am no fan of the current administration on just about every economic, social, and foreign policy decision it has made. I also have real problems with Donald Trump, and believe he will drag the Republican Party down with him.

But none of that should matter when it comes to giving fair, neutral, nonpartisan analysis, and I strive for that every time I appear on air. Describing Trump’s many indictments, or the Hunter Biden investigation, or some new law or Supreme Court decision should not depend on one’s political leanings or what network you appear on. And if my personal beliefs ever do creep into my analysis I try hard to correct it. But its is very easy to offend people no matter how hard you try, and I have had formerly close friends walk away because of as little as one hit they virulently disagreed with.

Your personal political beliefs should really not affect which networks you are willing to appear on. I have literally appeared on both CNN and Fox News within an hour of each other. As long as the questions and coverage are fair I am willing to engage in conversation. Sure, there are networks that I feel are too extreme I do not want to be associated with, but for the most part I am open until I get a reason not to be.

Should Military Reserve Service Limit Your Voice?

I have been told that serving in the Army Reserve comes with limitations on how outspoken I should be on television. People I trust have even suggested having any affiliation with the military means I should avoid the media altogether. Friends and colleagues have advised that criticizing policy from the White House or the Defense Department could have an adverse impact on my Reserve career, even lead to separation, and that I should steer of anything that sounds like criticism of the government.

With all due respect I disagree. I do not appear on television during annual training (active duty) periods nor on battle assembly (drill) weekends. Nor would I ever appear in uniform, identify myself on air as a reservist, or discuss military matters. But I feel strongly that when I am a civilian my voice is my own, just like politicians, journalists, and academics who have roles involving public speech when out of uniform. I have loved every minute of serving in the Army Reserve, but at this point in my life I believe having a voice is too important than to worry about whether I get a negative rating on my next evaluation.

Conclusion

Let’s be honest – it’s always the safer choice to keep your mouth shut rather than risk offending people. Things have become so partisan and divisive these days that longtime friends and even family members have become estranged over political disagreements. With the upcoming 2024 Presidential election things will likely get worse before they get better. However, we need more balanced, fair, respectful voices in the public dialog, and if smart people stand down then the vacuum will be filled with fools and demagogues. So if you have the chance to partake in public discussions on issues you feel strongly about, my personal advice is to go for it. Appearing on Washington DC / New York news media is one of the most fun and fulfilling things I do, and I hope I live up to the high standard of fair legal analysis that I strive for each and every time I am on air.

This article contains my personal views and does not constitute legal advice. To contact me directly feel free to message me via LinkedIn or on X @JosephMoreno.