Thursday, August 19, 2010

have they even READ the First Amendment?

During the 2008 presidential campaign, Republican VP candidate Sarah Palin claimed that her First Amendment rights were being violated because people were criticizing her hateful and negative rhetoric.

In 2009 it was Carrie Prejean complaining that her First Amendment rights were violated when she was stripped of her Miss California title for breach of contract. She claimed the breach of contract excuse was just a cover, and that the real reason for stripping her of the title was her views on gay marriage.
In response, she asserted that her First Amendment rights had been violated.

Today it's talk-show host Dr. Laura Schlessinger's turn. She was criticized by the media after repeatedly using the N-word to "prove a point" about racial hypersensitivity. In response she announced that she would give up her talk-show, stating
"I want to regain my First Amendment rights. I want to be able to say what's on my mind and in my heart, and what I think is helpful and useful, without somebody getting angry, some special interest group deciding this is the time to silence a voice of dissent and attack affiliates and attack sponsors."
Have these folks ever READ the First Amendment?

Public Service:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
[emphasis added]
Congress - and by extension, government at all levels - shall make no law abridging the freedom of speech.

The idea is to prohibit the GOVERNMENT from silencing and censoring speech.

Nothing here about public opinion, or private-sector decisions.
The First Amendment does NOT guarantee anyone's right to demand sponsorship, nor does it guarantee that a private sponsor must pay anyone for views the sponsor finds unacceptable, nor does it guarantee anyone a soapbox on which to stand.
It certainly does not grant anyone the right to speak with a guarantee that the speech will not be criticized.

You can say whatever you want - the GOVERNMENT can't silence you.
BUT: there's no promise that anyone will PAY you to say ANYTHING.
... and there's no promise that your fellow citizens won't CRITICIZE YOU for saying ANYTHING.

Nothing guarantees you the right
"...to say what's on [your] mind and in [your] heart, and what [you] think is helpful and useful, without somebody getting angry, some special interest group deciding this is the time to silence a voice of dissent..."
Just what special status does Dr. Schlessinger claim that allows HER and only HER to bitch and moan, but denies others the right to bitch and moan about what she just said???
What special status does Palin claim? Prejean?
This is an amazingly expansive reading of the First Amendment by folks who almost certainly would claim to be "strict constructionists": The First Amendment guarantees the right to speak without fear of criticism!

In fact - so long as the criticism isn't libelous - the First Amendment pretty much guarantees your critics the right to say whatever they want in attempts to SHUT YOU UP!... sometimes it works... BUT: this occasional success on the part of your critics is NOT a First Amendment issue!!!

So long as the GOVERNMENT is not trying to silence you, you're just dealing with the "miracle of the market" - a concept I'm pretty sure these three exemplars of Republican values can understand!

p.s. Come to think of it, a 'right to speak without being criticized' might come in handy in my marriage!

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