The assault on free speech (and one triumph)
Oakland California : Some public workers produced a flier in which they said "marriage is the foundation of the natural family and sustains family values." This was treated as "hate speech" by the city government after another city employee, who is a lesbian, said she "felt threatened" by the sentiment expressed. They were fired . The 9th Circus Court of Appeals ruled in favor of the city . Defending marriage is now a crime for city workers who in turn are subjected to advertisements for "Coming out day " over the city PA system.
Washington DC : A think tank funded by George Soros and headed by Clintonoid John Podesta came out with a report that noted 91% of talk radio programing is conservative ;obviously a completely intolerable exercise of free speech. It's not that liberal talk radio hasn't been tried . A lot of money was pumped into Air America .A relatively successful and articulate liberal entertainer;Al Franken was recruited to chair the key time slot . Instead of putting the apparent failure where it lay ;that conservative talk show hosts just do a better job entertaining their audience ;Podesta's conclusion is that the reason for the imbalance is "multiple structural problems in the U.S. regulatory system." The fact is that liberal talk radio is failing because there is a very small audience for the product . And why should that be a surprise ? The 3 major television networks and many of the cable televison networks ;as well as most news publications ,and PBS /NPR are dominated by liberal thought. There are alternatives for a liberal to go to .
Podesta concluded that new regulations to restrict conservatives and subsidize liberals is what is needed . Over the weekend Senator Diane Feinstein told Chris Wallace that she is looking into resurrecting the Fairness Doctrine for US broadcasters (this wouldn't cover the press because there are additional Constitutional guarantees of free press... why it doesn't extend into the broadcast realm is beyond me. )Asked if she supported a return of the doctrine, an FCC rule that required broadcasters to air both sides of controversial issues, she said "I'm looking at it, as a matter of fact. I do believe in fairness. I remember when there was a fairness doctrine, and I think there was much more serious correct reporting to people". She evidently is talking about the days when Walter Cronkite would proclaim at the end of his broadcasts : "And that's the way it is" . Hugo Chavez is smiling .
The Supreme Court : SCOTUS made 2 rulings about free speech yesterday. They got one of them right and another wrong. Joseph Frederick decided to test free speech at High School by unfurling a ridiculous sign outside of school grounds that said : Bong Hits for Jesus . The school Principle confiscated the sign and suspended Frederick from school for 10 days .In a five-three decision, the Supreme Court found that schools "may take steps to safeguard those entrusted to their care from speech that can reasonably be regarded as encouraging illegal drug use." Justice Alito wrote a concurring opinion to the ruling saying that he would not uphold a public school's decision to censor student speech related to the drug war that was political in nature. So in other words if Frederick had unfurled a banner that said Legalize Bong Hits for Jesus . The banner would've then fallen into the realm of protected political speech . This ruling is too nuanced for my liking.
The second ruling that was a triumph for free speech was their reversal of key aspects of the McCain Feingold law. "Discussion of issues cannot be suppressed simply because the issues may also be pertinent in an election" Chief Justice John Roberts wrote for the majority. Their decision strikes down the part of the law that restricted an add that said something like "call Senator Foghorn to let him know you oppose a bridge to no-where" immediately before an election. Advocacy groups from all sides of the spectrum should be please with this decision.
