Free Speech – Free For Whom? 41

In the wake of the inane and insane writings of the beyond egregious University of Colorado professor, the ersatz American Indian, Ward Churchill, the issue of “free speech” has been freely, so to speak, bandied about by commentators on the right, left, and in the middle. Interestingly, although this story had been all over talk radio, the internet, Fox News, and in many newspapers, there was only one brief mention on ABC television and none at all on CBS and NBC. To paraphrase Adlai Stevenson: The mainstream news media have an absolute talent separating wheat from chaff, then throwing away the wheat and planting the chaff.

Fact is there is no such thing as “free speech”, nor should there be. A rather provocative statement would you not say? Especially for one who thankfully and appreciatively lives in a representative democratic society – the greatest one on earth in my opinion. Yet, it is a statement I think I can rationally and logically defend. I must say I agree with Thomas Jefferson when he said, “There is not a truth I fear or wish unknown to the world.”

For openers let’s consider the U.S. Constitution. That is the basis for our freedom of speech is it not? Well, what does the constitution actually say? The 1st Amendment to the Constitution (the first ten amendments were ratified in 1791 and are called the Bill of Rights) states, “Congress shall make no law…….abridging the freedom of speech…….” Congress is defined as the United States House of Representatives and the Senate. There is no mention in the Constitution about states, counties, municipalities, businesses, associations, universities, etcetera being circumscribed in limiting someone’s speech.

As a matter of course most of us, as a society, tend to ignore the constitution when it suits our purpose. For example, Article I, Section 8 of the U.S. Constitution states: “Congress shall have power to declare War…..” The United States has fought the Korean War, Vietnam War, First Iraq War, Afghanistan War, and now Second Iraq War, yet Congress has not declared war since December 8, 1941 ( the vote was unanimous except for pacifist Representative Jeannette Rankin [1880-1973] of Montana who was the first woman elected to Congress). Representative from Texas Dr. Ron Paul (obstetrics/gynecology) is the only current member to object to Congress having abrogated its authority to declare war to the president. And I don’t see people demonstrating in the streets over this issue the way the Ukrainians did when their democratic election for prime minister was in the process of being stolen.

At other times some people invoke what they perceive to be in the Constitution when it is convenient for them whether it is done ipse dixit or not. Unfortunately and importantly many of these people are judges; especially federal judges.

For those who still insist there are practically, short of endangering public safety, no limits on speech without consequence, even if it is only implicit in the Constitution, you should consider the sanctions and/or contumely which were imposed or heaped on the following: Trent Lott, Robert Byrd, Al Campanis, Jimmy Breslin, Rush Limbaugh, Bill O’Reilly, Don Imus, Jimmy “The Greek” Snyder, Andy Rooney, Bill Maher, and Larry Summers (It is notable there is nary a woman on the list. An amalgam of Al Campanis and Larry Summers might say women lack the “necessities” to be top notch mathematicians or physicists, but I would say when it comes to discretion and good sense in speech women apparently have a distinct advantage over Neanderthals; that is to say men). There was no deus ex machina to save these men from discomfiture and embarrassment and I for one do not believe they were treated too harshly, possibly excepting Trent Lott. Even he may have deserved it on the basis of stupidity – after all he is a professional and long time politician and decidedly should have known better.

Then there is the aphorism spoken by former four term governor of New York and unsuccessful 1928 Democratic presidential candidate, Al Smith, “There ain’t no free lunch.” There might be a lesson in there as applied to speech.

By all means indulge yourself in the exercise of free speech. Your lot might be to gather scorn and pejorative comment. Still, consider it a fair bargain for the sheer joy of saying what you want, however dopy or misguided. What curmudgeonly lexicographer Dr. Samuel Johnson had to say on the subject seems a bit harsh, yet may be realistic: “Every man [person] has the right to utter what he thinks truth, and every other man [person] has a right to knock him down for it.”