March 16, 2003
Whose Right to Free Speech?

Should the United States go to war with Iraq? Some say we should; others say we shouldn't.

Back when I was in the sixth grade, one of my teachers, Mr. Z, sat us all down and told us there was only one thing in the world that we ever *had* to do. "Nuh-uh," was the general response. He said he didn't think we even knew what that one thing was.

"I have to take out the garbage on Thursday nights."

"No you don't."

"I have to do my homework when I get home from school."

"No you don't."

And so on when the conversation, each child holding up his or her hand to volunteer the one thing he or she had to do. Mostly, we started with chores. Then there was the occasional, "I have to breathe," or, "I have to wear a coat in the winter."

But Mr. Z kept responding that we didn't have to do those things.

So what was the one thing we *had* to do? He let us in on it: we had to pay the consequences for everything we did or didn't do.

We didn't have to wear a coat in the middle of winter. But we had to pay the consequences for that choice. We didn't have to do our homework. But we had to pay the consequences for that choice. And so on and so on. You get the picture.

This was a very liberating and a very troubling idea for a sixth-grader to behold. It gave us -- those of us who chose to think about it, anyway -- an immense sense of... responsibility. We could make any decision we wanted. It was okay. But we had to pay the consequences. Responsibility, as I've learned in the years since then, is a very powerful thing. It can be used to shape your life in any number of ways. When you accept responsibility for your life, you own it all. Success and failure alike.

Taking this principle, it is a truism that we all have the right to say whatever we want. But we also have to pay the consequences. In Soviet Russia, you could criticize the government in public. Of course, the consequences were pretty severe... severe enough to probably prevent you from being physically able to do so a second time.

Should the United States go to war with Iraq? Some say we should. Others say we shouldn't.

Happily, I was born a citizen of a country where the law says that the government shall not interfere with my right to speak one way or the other on that, or any other, issue. My friends and I have discussed this issue in public and in private. We are sometimes agreed, and sometimes we disagree. Sometimes, we raise our voices. Or, in e-mail, we might TYPE IN ALL CAPS. If I wanted to, I could even broadcast my views on the possibility of a US war in Iraq right here on this web page, where literally *dozens* of people could read it.

The only thing I would have to do is pay the consequences.

As I said, my government is proscribed by law from interfering with me for expressing my views, even if said opinions should run counter to the current administration's views. But that doesn't mean there wouldn't be consequences.

Take Martin Sheen, for instance, who has a higher profile than I do (if only a little). He has stated publicly that he disagrees with our current administration's stance on war. His language has been more colorful than that, but you get the idea. He's been rather adamant in expressing his opinions.

Now, coincidentally, this actor happens to play the President in a popular television series. The network that carries that show has expressed some concerns about the publicity surrounding Sheen's comments. Visa has stopped airing commercials featuring Sheen. And now some Hollywood folks are expressing concerns that this could escalate into a rebirth of McCarthy-era blacklisting.

Visa denies that they pulled the commercials for political reasons. Let us suppose, however, that their decision may have been at least partially influenced by the controversy surrounding Sheen's remarks. If so, does this mean that they are resorting to McCarthy-era blacklisting? I argue that the answer is, "No."

If the *government* were to step in and say, "Sheen should not be allowed to work in this industry because of his stated opinions," then that would be McCarthyism. That would be a violation of the first amendment. If an individual advertiser says, "Hmm, do we want to continue to have a controversial critic of the government representing our product," that's different. Visa, in such a case, is defending its own freedom of speech.

Speech involves more than just the text of the words. Speech includes how they are said. When an organization picks a spokesperson -- be it a rock star, an actor, a sports celebrity, or a cartoon camel -- that spokesperson becomes a part of the message. It's all fine and well to say that Martin Sheen should be allowed to speak his mind. With that, I whole heartedly agree.

But it is also appropriate for Visa to exercise its own freedom of speech. When they present their message, it is appropriate for them to evaluate whether the message is diluted because it is presented in a controversial form or through a controversial medium -- or, in this case, by a controversial spokesperson. When Visa delivers their message ("our credit cards make your life easier"), they want you to think about their message rather than think about war, the government, actors who insert themselves into the political arena, or whether you admire or hate the spokesperson for his outspoken political views.

The Dixie Chicks, during a recent concert in England, reportedly announced to the crowd that they were ashamed of the current administration in the United States. The Dixie Chicks are from Texas and, according to the report, they said they were ashamed that the President came from their home state.

In Texas, some people who hold a differing view called up radio stations and asked them to stop playing the Dixie Chicks. Some radio stations have made the decision to remove the Chicks from their playlists. Are the Dixie Chicks losing their right to speak? No. They continue to enjoy the right to express their opinions. But it is also within the purview of the radio stations to choose what message *they* want to convey. If they don't want to be identified with the Chicks' opinions (or, for that matter, if they wish to give the message that they actively disagree with the Chicks), then it is entirely reasonable for them to decide to remove the Chicks from their playlist. It is even reasonable, as was the case with one station, for them to announce that they'd rather destroy Chicks CDs than play them and encourage others to do likewise. Should that station be allowed to say such things? Should the Chicks be allowed to say what they said? *MY* opinion, of course, is that yes, they should. In both cases. The right to free speech unhindered by government intervention applies to those on both sides of any given issue. Even if they be boneheads.

Martin Sheen, the Dixie Chicks, Visa, and Dallas radio stations have the right to speak their message. You and I have the right to agree or disagree with any of them, and to express our views publicly or privately, as we see fit. But there's one thing the Constitution of the United States simply can not address: while the state is not allowed to abridge your speech, it also is powerless to save you from the consequences of your speech.

When Sheen's chosen speech is at odds with Visa's chosen speech, the two will part ways. Both parties will suffer or enjoy consequences for their decisions, both leading up to and following these events. Perhaps Sheen's decisions will lead to world peace. Perhaps it will lead him to new acting roles that he will get simply on the basis of his principled action. Perhaps it will lead to loss of work because potential employers wish to avoid controversy. Perhaps Visa will gain or lose customers on the basis of their decision to drop the Sheen ad. Perhaps the consequences for either party will be trivial.

An advertiser's aversion to controversy is not the same as McCarthyism. And while Sheen's rights should not be abridged, nor should his responsibility.

Should the United States go to war with Iraq? Some say we should, and others say we shouldn't. Some say nothing at all. But regardless of what we say or don't say, the only thing for certain is that we will all have to face the consequences of our action or inaction.

What say *you* on the topic of freedom of speech? Feel free to enter your comments... or pay the consequences for your silence!

Posted by on March 16, 2003 10:00 PM in the following Department(s): Essays , Tidbits III

 Comments

well said.

tk

Posted by: tony on March 17, 2003 9:45 AM

Once again Allan, you have very eloquently stated the obvious. Of course we have the right to speak, believe, worship, et al in the manner in which we see fit--that is one of the core principles upon which this country rests.

When I read your essay on the first amendment, I find myself agreeing completely. Take it to the next level for me. Tell me what YOU think about Mr. Sheen's and The Dippie Chicks views.

You spoke very effectively about consequences. How each action we take (or refrain from taking) results in consequences. While those consequences may be significant, they also may be trivial. (e.g. If you decide to flush before you wipe, you may have to flush twice, but little else besides a bit of water and time is wasted)

I was quite disappointed that you did not extend the concept of the penalty of consequences from action (or inaction) as it relates to the decision of our government to take pro-active measures against the Iraqi government.

On the one hand, it can be argued that by pre-emptively striking Iraq we may cause the acceleration of the consequences we seek to prevent through this action. On the other hand, perhaps doing nothing is tantamount to "burying our head in the sand" as it were, and only provides the forces aligning against us the time and breathing room necessary to gather the resources and resolve to strike a more devastating blow against us--albeit perhaps not as soon.

It is a complicated question: do we initiate conflict with a largely insignificant country, not disparate from many other developing countries in that it is ruled by less-than-savory personalities, or do we stand idly by and hope for the best? Are Martin Sheen and the cavalcade of entertainment icons correct when they espouse their idealogy from decades gone by of peace, love and understanding? Why can we not give peace a chance?

Being an American, I default to the libertarian value of non-interference with those whose actions to not violate my own rights to peaceably engage in the activities that comprise my life. But, as a matter of policy, the concerns of the world community, United Nations resolutions, peace treatries, international posturing and all the myriad intracacies that are as the many ingredients in some great dish prepared by a master chef, I opt to defer to the wisdom and authority of the people elected by the constitutional processes that have sustained our society for over 200 years.

In short, when the people who are in the know believe that action is warranted, it is my duty as an American to support that decision while it is being carried out. My responsibility--my duty--as an American is to determine whether or not I wish to allow the steering wheel of my nation to be controlled by the same driver when the time comes for that decision to be made.

The only time in our country's history when we have lost a military action is when the population decided that they were unwilling to support the actions of it's government.

Whatever our feelings on the impending invasion and deposition of the Iraqi government, it is outside the purview of the citizenry to embolden our enemies by rallying behind the battle cry of the few.

And just to set the record straight: I hope they burn Saddam's carcass in public view. I smell pay-per-view.

Maybe we could get Osama to join in, and make it a double-header.

---Travis Leake

Posted by: Travis Leake on March 18, 2003 10:12 PM

I think you may have missed the point a little on McCarthyism. The blacklists were not maintained or enforced by the government. As I understand it, people who exercised their rights to not cooperate with the McCarthy committee (by maintaining their innocence or not naming people they associated with) were subsequently discriminated against. In general, if someone says "I disagree with the government on ______" and is fired, that does not seem to be good for democracy. Although, I see your point that companies want their spokespeople to not be controversial, the larger issue may not be as black and white as you argue.

Posted by: Phil on March 20, 2003 12:43 PM

Travis and Philip, you have both brought up excellent points. Stay tuned for a thoughtful reply in an upcoming essay. :-)

--Allan

Posted by: Allan on March 20, 2003 11:51 PM

PS: ...And, thanks to everyone else who has responded, both publicly (Hi, Tony) and privately (Hi,

Posted by: Allan on March 20, 2003 11:53 PM

+ An advertiser's aversion to controversy is not the same as McCarthyism. And while Sheen's rights should not be abridged, nor should his responsibility. +

Excellent thought provoking article. I worry very much that the free exchange of ideas in America will be curtailed, more by the operation of private enterprise than by the machinations of government. While advertisers driving Bill Maher off the air for saying something controversial is perfectly legal, our nation is the poorer for the lack of access to different perspectives.

Censorship, like leadership, depends on the consent of the governed. I'd prefer that we, the governed, err on the side of having too many voices in the national debate, rather than too few.

Jonathan

PS Why do the advertisers continue to line up to be on Rush Limbaugh and G. Gordon Liddy's shows? I guess some flavors of controversy sell more orange juice than others.

Posted by: Jonathan on March 25, 2003 7:32 PM

A thought provoking piece Allan. I’ve been thinking through my response for a while so let me commit something to paper (or the web as it were) and I’ll try to keep an open mind to listen to any responses.

First, I'll take issue with the idea that we must live with the consequences of what we do or don't do. It comes down to your definition of consequences and the type of decision you are making.

Let's take Pres. Bush's decision to invade Iraq and the two possibilities that Travis points out. If this causes radical terrorist groups to gain more members and ten years from now we are hit with another large terrorist attack, does then former Pres. Bush have to pay the consequences? I'm not so sure that he does.

Or lets take the case of a slightly different world. If Pres. Bush decided to ignore Iraq and, because of that decision, ten years from now terrorists used biological weapons created in Iraq to attack America, does then former Pres. Bush have to pay the consequences for not invading Iraq? Again, I don’t think that he does.

I would argue that those with power over others such as CEOs, elected officials, judges or other positions of responsibility often get to make decisions which they do not have to pay the full consequences for. They can affect the lives of others by laying them off, ordering them to war, sentencing them to death or freeing them. Yet any consequences to those making the decision with power are relatively small compared to the consequences to others.

On to free speech, I think the issues cited are concerning (assuming Visa pulled its ads for political reasons, not because it doesn’t have the money which is uncertain). If the Dixie Chicks had a song against the war, stations would have the right to decide whether to play it or not. Or if Martin Sheen used his show to express his opinion, then again I think sponsors would have the right to pull their advertising. But for people who express their opinions in one arena being denied their ability to do other things starts getting very close to black-listing. To bring up some other possibilities – could a radio station decide not to play an artist because he said he was a Christian and believed in Christ? Or decide not to cast someone in a movie because she had spoken at pro-life rallies? Now if Martin Sheen was the spokesperson in an ad for Visa I would hold that to a different standard, as he would be the face of Visa and they should be free to pick someone who represents their values (just as shoe companies can pick athletes that express their values).

Like Jonathan I am quite concerned about the free exchange of ideas in this country. We have become quite polarized and many issues have people on either side of two extremes when really the answer is not so clear-cut. Some of this is because of how we get our information - generally in short sound bites - and how few companies control that information flow (and it’s becoming fewer and fewer). Unfortunately our political leaders on both sides feel that the polarization is good for them, so they continue it and often exacerbate it. I believe we need to listen to more viewpoints, not fewer. Even if we disagree with those points of view, we can learn something and perhaps gain some understanding of others. Too often we (myself included) listen with the intent of defending our position rather than with the intent of understanding the other’s position and perhaps modifying ours based on new information. As the bumper sticker says “A Mind is Like a Parachute: It Only Works When Open.”

Posted by: David McKinnis on April 10, 2003 9:14 AM

I thought this article was concise and very well-spoken. I also think that there is more than one issue here.

For example, the member of the Dixie Chicks was forced to apologize for her comments before the stations would play their music again. She agreed, but was this because she really felt sorry, or because the other members of her group were also facing the consequences of her actions? It gets sticky because what a person says often affects more than just them.

That said, I will not only always speak about what I believe, but defend to the death a person's right to free speech, even if I am against everything they have to say. If only one view is heard the world is a poorer place for it.

Posted by: Jamie on April 17, 2003 5:37 AM

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Copyright (c)1998 - 2010 by Allan Rousselle. All rights reserved, all wrongs reversed, all reservations righted, all right, already.
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The author. January, 2010.
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On Apr 17, Jamie said:
"I thought this article was concise and very w..." on entry: Whose Right to Free Speech?.

On Apr 10, David McKinnis said:
"A thought provoking piece Allan. I’ve been th..." on entry: Whose Right to Free Speech?.

On Mar 25, Jonathan said:
"+ An advertiser's aversion to controversy is ..." on entry: Whose Right to Free Speech?.

On Mar 20, Allan said:
"PS: ...And, thanks to everyone else who has r..." on entry: Whose Right to Free Speech?.

On Mar 20, Allan said:
"Travis and Philip, you have both brought up e..." on entry: Whose Right to Free Speech?.

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