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Monday, December 23, 2013

Speak! If you're into that sort of thing...

Today in Forbes, columnist Doug Bandow enters the Free Speech/'Duck Dynasty' kerfuffle by way of his request from Santa to "stop people from confusing the First Amendment with free expression." He starts off well, too. He correctly notes: 

Images-4The A&E network suspended Robertson, but that has nothing to do with the First Amendment, which protects against government suppression of speech. Instead, if I don’t like something you say and don’t want to work or even associate with you, that is just life. In a free society that should be my right—both of expression and association—as basic as your right to voice your opinion.

 

Of course, your family then can threaten to stop working with me, as Robertson’s family has warned A&E. And viewers and potential viewers can decide whether they want to watch or not, which seems to be what most of the country is talking about at the moment. But this battle has nothing to do with the Constitution and the essential framework for a free society. 

All's good and well. I'm in total agreement. Great.

But then Bandow goes further by asking people to refrain from speaking out against speech they find offensive. He writes:

A separate wish, but highlighted by the Duck Dynasty imbroglio, is that people would stop turning every little controversy into a matter of high moral outrage. Why should anyone get excited about what someone on a silly television show says off the set? In a large, complex society like our own, lots of people will believe things and behave in ways which irritate and even outrage us. Life will be better if we generally tolerate the opinions and actions of others.

 

But there’s no reason to turn the world upside down in response to those who believe ObamaCare will make medicine affordable, consider homosexuality to be a sin, think Republicans are terrible people, don’t like atheists or Catholics (or both), make stupid gender-, race-, or ethnic-based remarks, or are generally obnoxious and clueless. You don’t like what they said/did? Minimize your contact at work. Avoid them at the Christmas party. Don’t visit their barbershop. Refuse to respond to their provocations.

 

But don’t try to drive everyone you disagree with from the public square. We all benefit from a diverse, vibrant, and provocative public environment despite the irritations and offenses caused by some. A world turned ever more intolerant, nasty, and threatening by zealous PC police of all sorts will be a truly depressing place. Not to mention that we might end up as victims of the new public Star Chamber as well.

First, A&E is not "public square." Robertson's opponents want his microphone taken away, not the suppression of his ideas. That is, Robertson may continue to say exactly what he believes, but his opponents prefer that he do so from a street corner. The right to free speech is not the right to amplified speech.

Second, the First Amendment envisions precisely the type of confrontation from which Bandow wishes people to shirk. It contemplates the need for individuals to speak out against ideas and opinions with which they disagree, and to offer the solutions they believe will best serve society.

The First Amendment's protection of free and open discussion of ideas is further premised on the understanding that such freedom promotes the social good. That is, only in a free and open marketplace of ideas can citizens make the best judgments about the direction of society and its government. As First Amendment scholar Thomas Emerson wrote:

[Human judgment] can seldom rest at the point any single person carries it, but must always remain incomplete and subject to further extension, refinement, rejection or modification. Hence an individual who seeks knowledge and truth must hear all sides of a question, especially as presented by those who feel strongly and argue militantly for a different view. He must consider all alternatives, test his judgement by exposing it to opposition, make full use of different minds to sift the true from the false...

 

More importantly, the same reasons which make open discussion essential for an intelligent individual judgment make it imperative for rational social judgments. Through the acquisition of new knowledge, the toleration of new ideas, the testing of opinion in open competition, the discipline of rethinking its assumptions, a society will be better able to reach common decision that will meet the needs and aspirations of its members.

How is the marketplace served if people refrain from entering it?

It's not. And calls for people to refrain from entering that space are no less confused than those from people claiming Robertson's suspension oppresses his freedom to speak. 

The Founders imagined a couragous people, not a cowardly one.

http://lawprofessors.typepad.com/civil_rights/2013/12/today-in-forbes-columnist-doug-bandow-enters-the-free-speechduck-dynasty-curfuffal-by-way-of-his-request-to-santa-to-stop-p.html

Current Affairs, First Amendment, Freedom of Speech | Permalink

Comments

The person who fired Robertson should be fired for failure to predict the backlash. Robertson should sue A & E into oblivion for breach of contract.

I would support a national shunning list, where enemies of our American way of life are shunned by all service and product providers including doctors. People like him, Jesse Jackson, and all other -ism and -ophobia whores can fend for themselves after expressing such hatred for our country.

Posted by: Supremacy Claus | Dec 25, 2013 3:35:28 AM

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