Free Speech

Public assemblies, American style

The Obama Administration has been the occasion for numerous Tea Parties and Town Hall Meetings, which are different species of the genus public assembly.  How they are seen and understood depends a great deal on one’s point of view. As American government is based on the consent of the governed, it is perfectly appropriate and even necessary that public officials be chosen in periodic elections and that the people be free to express their views publicly. While the design of the Constitution is to avoid rule by the people in their collective capacity, relying rather on elected representatives, the First Amendment explicitly guarantees the right of the people to assemble peacefully for redress of grievances.

In our nation’s history, not a few of those public assemblies have been considerably less than peaceful, whether they were in opposition to taxes on whiskey, Jay’s treaty with Great Britain, the War of 1812, the Mexican War, abolition of slavery, the Civil War draft, industrial lockouts, World War I, racial segregation, the Vietnam War or the Iraq War.

Peaceful protest should always have the full protection of the law, and violent protests should be suppressed. The difficulty is that those rioting invariably see themselves as greater in authority than public officials, and the latter sometimes sympathize with the rioters’ goals, if not their means.

It is not surprising that the widespread Tea Parties that protested the record levels of taxing and spending by the Obama Administration should be viewed favorably by Republicans and unfavorably by Democrats. By the same token, the Town Hall Meetings called by the President and a number of Democratic Congresspersons and Senators are looked upon by Republicans as stage-managed affairs, lacking legitimacy.

So some Democrats supportive of Obama showed up to put a damper on the Tea Parties, and evidently more persons–of both parties–critical of the President, particularly his health care plan, have shown up at the Town Hall Meetings. Both parties clearly seek to establish their viewpoint as the authentic voice of the American people and the opposing view as merely a minority faction.

Although I welcomed the Tea Parties and look upon Democrat Town Hall Meetings with suspicion, I cannot say that I am pleased that more and more citizens are taking their grievances so noisily into public places and meeting halls. A major contributor to this development is the rise of Big Government, which treats opposition to its goals and methods as essentially illegitimate.

Fortunately, this year’s protests lack the violence that characterized the radical left’s opposition to the War in Vietnam, when both public officials and private citizens were targeted for bombs by the likes of the Weathermen, of which Obama friends Bill Ayers and Bernadette Dorn were members.

It is always a challenge for politicians to deal with tumultuous assemblies with a combination of good humor and firmness, granting the legality of the protest but seeking to defuse its passion and restore civil discourse. Politicians slandering citizens angry over the government’s less than candid explanation of its programs are pouring fuel on the fire.

This present situation is not unlike that of medieval Europe, ruled by monarchs and priests, in which ordinary people had no say and whose only form of protest was armed rebellion. It is only when citizens finally won the right to elect their leaders that the frequent resort to mob violence was no longer necessary.

But the longer that large, intrusive and costly bureaucratic structures dominate our lives, and render citizens powerless, the more those otherwise not inclined to angry outbursts will feel compelled to vent their spleen at the persons they chose to make their laws.

Far better, though, that we take advantage of constitutional structures that enable the people to vote for or against those persons they believe do–or do not–have the best interests of the nation at heart.

Democrats have long believed that, just as they have a monopoly on holding public office, they alone have reason to protest, even violently, if they feel strongly enough. Republicans more commonly look upon public office as a temporary calling and reluctantly take part in public protests.

And while leading Democrats have attributed base motives to Republican protestors (special interests, Ku Klux Klan members and even Nazis), the latter have not gone beyond labeling Democrats (accurately) as big taxers and spenders, socialists and petty tyrants.

We have an opportunity to restore government by the people in the 2010 Congressional elections and the 2012 Presidential election. That’s where the protests will really count.

"Ad hate-a-man" argumentation

Nothing is more vital to a healthy body politic than reasoned debate. But that hardly means it is very welcome, as the side with the least defensible argument has the most to lose. The fallacious argument known as "to the man," or "ad hominem," is the most common weapon resorted to when an advocate can’t win an argument on the merits. It attacks a person rather than his argument. In this era of unprincipled politics, ad hominem argument has long since morphed into what I’m calling "ad hate-a-man," or the claim that arguments disliked are really based on hatred of members of groups rather than on any legitimate points. Since races, genders, "lifestyles" and religions distinct from the presumed white, male, Christian majority in America have become privileged, minions of the far left castigate their critics as racist, sexist, homophobic bigots.

Criticism of racial preference schemes, such as affirmative action or racial diversity, in which members of minority races are given the edge in hiring, college admission and contracting, is invariably put down to racism. The initial and wholly defensible goal of the civil rights movement half a century ago was a color-blind society in which merit rather than race was the basis for distributing jobs, schooling and business. But that was abandoned before the ink was dry on the 1964 Civil Rights Act, and honored today only by those who oppose racial preference.

Similarly, if anyone suggests that the natural differences between men and women are of more than passing significance, especially where strength, endurance and decency are relevant, they are dismissed as sexists wanting to keep women "barefoot and pregnant." Nor do the interests of women themselves matter very much to advocates of "liberation" if they are so benighted as to prefer marriage and family to a lifelong career in the marketplace.

The most potent form of "ad hate-a-man" currently concerns the homosexual agenda. Routinely, whenever anyone argues that the natural division of the human race into men and women indicates that homosexuality, lesbianism, etc. are not a basis for marriage, it is often the occasion for screaming and, at times, violence. Homosexuals who keep their relations private but do not support "gay marriage" are not uncommonly "outed" for their apostasy.

There was a time, not long ago, when the Judaeo-Christian tradition in America, which combined government neutrality regarding religious denominations with robust Biblical faith among our people, was a solid basis for both good government and good citizenship. As statesmen from George Washington to George Bush emphasized, morality does not exist in a vacuum and, for us, is the beneficent contribution of Biblical faiths.

Nothing symbolized this tradition more than public ceremonies, such as graduations, where pastors, priests and rabbis alternated in the offering of invocations and benedictions. That this is not unconstitutional is attested to by the fact that our Declaration of Independence teaches that our rights as human beings derive from our Creator, Who is referred to as lawgiver, Divine Providence and Supreme Judge of the World.

The Old and New testaments teach a morality based on piety and emphasizing reverence for parents, self control and respect for the rights of others. The American founders did not need to conjure up some "new morality" that was appropriate to life in the new republic. The morality of the Bible was more than sufficient.

Nothing is more central to the practice of that morality than love. Believers are taught that sin, or falling short of the glory of God, is to be avoided and certainly not to be loved. But nothing in that teaching prescribes or even implies hatred for the sinner. Those who insist otherwise are mistaken.

There is much concern about torture, or alleged torture, these days, which may be seen by some as simply being subjected to something they dislike. Would it be torture for those who believe that Christians and Jews are hateful, particularly those who reject abortion and same-sex marriage, to sit through a service and be subjected to all that alleged hatred?

Or would they be shocked to find out that believers are admonished to "judge not, lest [they] be judged?" Indeed, past critics of Christianity feared that its "nonjudgmental" attitude was inconsistent with the requirements of citizenship. But believers have long appreciated the fact that greater freedom of religion exists in this country than in any other and their patriotism runs deep.

All that "hatred" which some profess to see in those who disagree with them exists only in their imaginations.

Paranoid liberals at Metro State

Tonight on Backbone Radio, campus editor Sean Doherty related the hilarious, but also deeply paranoid, fears of a Metro State staffer who voiced the following chain of spontaneous word associations in regard to a then-proposed (and since launched) campus newspaper called The Constitutional Reporter. "Constitutional... Klan... Republican... hateful... illegal... Nazi... swastika"

Yes, those are direct quotes. This really happened. Doherty's full notes of the phone conversations are given below.

STATEMENT BY SEAN DOHERTY Senior Political Science Major Metropolitan State College of Denver

Here are the minutes from my phone conversation with a representative of Metro State's administration.

Setting: I had previously asked for permission to put my paper on campus. They agreed. When I asked for written permission, the "gatekeeper" said he would get the permission slip to the right people and contact me. So, on the morning of 2/4/09 at 10:23am, I got the following call (I wrote down the following notes immediately after the conversation)

The gentleman on the phone had spoken with the appropriate people in admin who had him tell me the following:

"This is not a reflection on you as an individual but..." (an important distinction. What he is saying is that they don't know who I am but what concerns them is what they do know: the title of my newspaper: The Constitutional Reporter. They have no knowledge of anything except for the title of the paper)

He then goes on to say that the title Constitutional is concerning since the word is sometimes associated with radicals. He goes into rambling mode and lists a few other concerns such as "how do we know you're not part of the Klan?" He asked specifically if this was a Republican newspaper.

I responded that it was nonpartisan.

He then said that they don't want anything that could be considered hateful or illegal on the campus.

Then, he tried to justify their refusal to sign with this number: "we are for freedom of speech, freedom of speech..." and he explained that they understood this was a state institution and state property but that they wanted to "see an outline of the paper, you know, a business plan, to know what its about because they have to be careful before they give approval for something to be placed on campus.

I objected and said they did not need and could not request a business plan- I'm not even associated with the school other than being a student!

He said that was right but they would still need an outline of some sort.

I knew he wasn't the guy responsible for these concerns; he was just speaking for some administrators behind closed doors. I asked if I could meet with these people and address their concerns specifically so they may see that I am a good guy and certainly not a radical Klan member!

He said that they're busy folks (to which I responded that I am too) and he said they're always in meetings. So I asked him, "what about today at 3:30pm? Are they busy today at that time?" He could not give me an answer one way or the other and brushed off the question. He just told me to bring in an outline and we'd go from there. According to him, if I brought in an outline, then he could schedule a meeting with the administrators who could meet me and sign off giving our paper documented approval.

A day later 2/5/09 and around 11:30am, we have another phone conversation:

He reaffirmed that they were concerned and instead of just a Klan reference, he used the whole term in question: Ku Klux Klan. In addition, he added a new one to the list of concerns: that they did not want a Nazi paper on campus. "they did not want to pick up our paper and see a swastika on the cover."

I questioned him about what could be radical about the term Constitutional. To his credit, he said that the Constitutional Convention and other key events and figures in history were not radical (although, technically, in a way they were radical for that time) but he did not state any specific concerns or examples for what could be radical about the word Constitutional in a modern day context.

I asked him to submit his request to me in writing before I submit any outline in writing to them. I said something to the effect of "if the admin sees fit to request a written outline from me, I want a written outline of what their concerns are"

Nothing. He just told me to do an outline. I then said, basically, "well what if I did a news story about this? Would you want to put it in writing so nothing is mis-quoted?" He answered, "Absolutely not."

www.theconstitutionalreporter.com

To contact Sean Doherty 303.263.2281 kairoshappens@gmail.com

Don't overdo the civility

While political censorship is abhorrent in a free society, political invective is democracy's very breath of life. Yes, even when that breath has halitosis. This is what David Swan of Denver seems to misunderstand. His off-key swan song on today's Denver Post letters page scolds me for a May 4 column, "Who's Afraid of Ideas?", in which I supposedly violated my own precepts by calling the enemies of Douglas Bruce a lynch mob, the critics of Rush Limbaugh a chorus of pantywaists, and the avatars of political correctness in general, caterwauling spinsters.

But with his call for "civil discussion" in place of Andrews' alleged "stereotyping," "close-mindedness," and "derisive attitude," Swan misses my whole point. Civility is fine in moderation. Let's have as much of it as we can. But don't overdo it, please.

Let's never become such pantywaists and spinsters (if the petticoat fits, wear it, Mr. Swan) that we let our dainty betters use the rough tone of political debate or media polemics as an excuse to delegitimize the valid criticisms someone was attempting to voice.

The "How dare you" rebuke and schoolmarmish silencing gavel that Rep. Curry brought down on Rep. Bruce on Black Monday in the legislature are an offense to the whole spirit of unfettered discussion in our American Republic. These and the other examples in my recent column represent a call to arms for anyone who loves the freedom of the mind.

In this battle David Swan may be a pacifist, but I am an all-out militant. Against the hush-mouthing Currys of this world I will use any weapon short of violence -- including, if need be, taunts and name-calling.

Who's afraid of ideas?

(Denver Post, May 4) To fear an idea, any idea, is unworthy of a free society. To suppress an idea from debate is more cowardly still. How does our country measure up? Americans pride themselves on being free-thinking and open, and we generally are. But five instances to the contrary recently hit the news. The utterance of forbidden words had polite opinion caterwauling like spinsters who saw a mouse. It was a bad show. We can do better. The would-be censors targeted a radio host’s glee, a political party’s advocacy, a wartime nation’s realism, a legislator’s bluntness, and a black man’s heresy. Amid the Washington cherry blossoms, Jefferson’s statue wept. French seismographs detected Voltaire spinning in his grave. It was not a good week for free expression. Start with Rush Limbaugh. The king of talk radio exulted that he was “dreaming of riots in Denver” when radicals try to disrupt the Democratic convention. A chorus of pantywaists led by Sen. Ken Salazar demanded Limbaugh be punished. For what: stating the obvious? Civil disorder fomented by the likes of Glenn Spagnuolo and Al Sharpton can only help Republicans – but nothing Rush says will increase its likelihood. Grow up, people.

Then there was Linda Daves, the North Carolina Republican chairman. Her TV ad in a governor’s race, featuring film of Barack Obama’s pastor calling for America’s damnation, was deemed by John McCain as unfit for airing. That the war hero soon flipped and disqualified himself as “referee” only worsened the embarrassment. Why was he frightened in the first place by the idea of voters knowing this fact about Democrats and the company they keep?

Our epidemic of the vapors then swept the departments of State and Homeland Security, which told Americans to avoid words like “jihad” and “Islam” in describing the radical Muslims at war against us – even though many so label themselves. Mustn’t cause “offense to moderates,” explained the AP story. The bureaucrats prefer sanitized terms like “violent extremist.” Counter-terrorism expert Steven Emerson suspects the Muslim Brotherhood scripted all this.

So what else has arisen lately in the way of ideas to be afraid of? Don’t forget the unschooled rural farm laborers– or in a single pithy phrase, “illiterate peasants.” Liberal legislators and media scolds went nutso when Rep. Douglas Bruce spoke the unspeakable in a debate on guest workers. Censure was threatened. Bruce’s election challenger self-servingly urged him to quit. Memo to lynch mob: bad manners aren’t grounds for muzzling and persecution. It’s still a free country.

No survey of intellectual cowardice would be complete without an update on the campus thought police. Chris Robinson, the Colorado College student hauled into kangaroo court for satirizing feminism, is a tale for another day. Today consider Joseph C. Phillips, the black TV actor and columnist, whose April 4 speaking date for the College Republicans at Susquehanna University in Pennsylvania became an ordeal of intimidation for his hosts – at the hands not of fellow students, but of administrators.

Phillips’s talk on – not for or against, just “on” – affirmative action must be paired with an opposing speaker, the hosts were warned, or vandalism against their posters and personal backlash against them were likely. When the GOP students stood firm, according to a report filed by Phillips with Ward Connerly of the American Civil Rights Institute, “they were finally told by the Office of Multicultural Affairs that they should have invited a white speaker instead of me.”

You can be sure that story’s not over. None of these stories are, because America’s journey toward a full realization of freedom and responsibility isn’t over either. The goal is a civic arena where all ideas openly contend and none are fearfully silenced. We’re not there yet.