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Tuesday, November 20, 2012

Not All Speech is Free

Hello my dear friends. More and more lately we hear talk of a growing assault on our First Amendment rights. The First Amendment guarantees, in part that 'Congress shall make no law...abridging the freedom of speech'. This "protection" has been challenged countless times with varying results. I'm not going to give you a constitutional law lecture here. I think you know what I'm talking about. But, bear with me for a moment. More times than not, when you hear someone shouting about their First Amendment rights, it's because they've said something outrageous and are being called on the carpet over it. Not all speech is protected, as you know. This is where the oft misquoted words of Justice Oliver Wendell Holmes Jr. is generally inserted, about not falsely shouting fire in a crowded theater to cause panic. There is no, or limited, protection for inciting, provocative or offensive speech. Each of those categories are, of course, open to interpretation and context. I'm sure you've heard the quote "I disapprove of what you say but I will defend to death your right to say it". I sure that when Evelyn Beatrice Hall (yup, that's who actually said it) wrote that in 1906 she never imagined what some people would feel comfortable saying in public. In my humble opinion, incendiary speech cloaked in the First Amendment is eroding our society at a rapidly increasing rate. A case on point happened yesterday and today on a Syracuse radio station. The topic of conversation was the Syracuse Common Council's vote to amend the current Fair Practices Law banning discrimination to include "actual or perceived sex, or their gender identity or expression", effectively protecting transgendered citizens from discrimination. The host of the show disagreed with this decision and used his First Amendment protection to express his displeasure. Using terms like "HeShe", "Johnny who thinks he's a Janey", he went on a extended rant as to why discrimination is not only right but warranted. He went on to say that if the "HeShe" still "had his wang" he shouldn't be allowed in places like a female restroom. Let me be very clear on this. People have a right to their opinion. It's how they choose to express that opinion is what I object to. This radio host that I speak of has a long, and unchecked, history of using racist and homophobic slurs on the air. As a matter of fact, he was so proud of that particular rant, that he used it in an ad for his show that ran on-air all day today.   Using terms like "HeShe" or "Queer", calling transgendered people "Freaks" and "Perverts" not only shows a profound ignorance but also gives reinforcement to the haters of the world. It helps to bring hate into the mainstream. It's hurtful and destructive. Using it for "entertainment value" is morally repugnant. People who do this, like the people who support and protect them, lower the quality of life for us all. There is no place for it in a civilized society. Is it protected speech? Perhaps it is. This is where the law ends and character should begin. Whether you agree or disagree with the subject, we all need to stand up against the language.  Just because you can say something doesn't mean you should.
Po

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