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NYT, WaPo Defend Speech Rights of Westboro Baptist Church, But Slammed 'Citizens United'

By Lachlan Markay | March 05, 2011 | 11:00

A  A

It's often said that unpopular speech is the type that needs to be defended, since popular speech will rarely face a meaningful threat. Speech that is disagreeable and persuasive will probably seem less appealing than speech that is disagreeable but unlikely to sway anyone to its cause.

It is telling, then, that the New York Times and Washington Post editorial pages vociferously opposed last year's "Citizens United" Supreme Court ruling, but defended the court's decision on Wednesday to preserve the right of the Westboro Baptist Church to protest the funerals of those who die defending that right.

Paul Sherman of the Institute for Justice, which filed a brief in the "Citizens United" case, phrased it this way:

…the Westboro Baptist Church’s speech, while vile, is also totally inconsequential. Nobody is going to be persuaded by their inarticulate grunts of rage. And it is relatively easy to tolerate speech that you do not believe will persuade anyone. What is considerably harder is to stand up for speech that is persuasive, speech that might actually cause people to adopt beliefs or enact policies that you disagree with.

So the New York Times and the Washington Post have it wrong. The beauty of the First Amendment is not that it leads us to tolerate the insignificant antics of the Fred Phelpses of the world. Rather, it is that the First Amendment permits us—and commits us—to resolve even our most consequential disagreements peacefully, with words, not force.

With that in mind, consider J.P. Freire's review of the Times' and Post's treatments of the two court decisions in a blog post Friday:

While the New York Times ripped the Citizens United decision as thrusting "politics back to the robber-baron era of the 19th century," the Gray Lady applauded the Westboro Baptist decision because "even deeply flawed ideas must be defended because they are part of the public debate on which this country depends." Even the Washington Post praised the decision in Snyder v. Phelps, saying that “the beauty of the First Amendment is often most vibrantly expressed under the ugliest of circumstances," after having blasted Citizens United as opening "a dangerous pathway for corporations to spend money in direct support of -- or in opposition to -- candidates for federal office."

The Times and the Post dislike both the Westboro Baptist Church and many of the groups empowered by "Citizens United." But while the WBC is unlikely to sway any person to their cause, electioneering communications by ideological groups can and do affect political attitudes.

Those facts make it far easier for the Times and the Post to stick up for the rights of the Phelps family - who they know have little chance of swaying anyone to their cause - than for the groups affected by Citizens United, which both papers likewise disagree with, but which are far more likely to actually have an impact on the national political debate.

In short, the editorial positions of the Times and Post respect the free speech rights of ideological opponents only when the groups exercising those rights are unlikely to gain anything by it.

That's a strange position for a pair of leading newspapers to hold.

About the Author

Lachlan Markay is an associate with Dialog New Media. Click here to follow Lachlan Markay on Twitter.
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Multi national Corporations

Submitted by both-sides on Sat, 03/05/2011 - 1:55pm.

Multi national Corporations are American citizens too! 

Thats rich.

 

Now if we could get them to just pay their fair share of taxes on top of their purchasing of politicians. I paid more in taxes this year then BOA which paid zero. 

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Your argument

Submitted by Lachlan Markay on Sat, 03/05/2011 - 5:07pm.

Just so we're clear, the group Citizens United, which brought the suit in question, is a political non-profit. You seem to be implying that such groups should not enjoy the rights enumerated by the Constitution. So speech issues aside, presumably you would also be fine with the federal government tapping those groups' phones or seizing their property without due process - since, by your logic, non-profits, unions, and corporations (the groups affected by the "Citizens United" ruling), should not enjoy protections afforded by the Fourth and Fifth Amendments.

Corporations (and unions and non-profits) most certainly do have rights, and to say otherwise is nothing short of fascistic.

 

"Do not make an argument if you cannot make it elegantly, and honestly." - George Will

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And both-sides will be here shortly to give his---

Submitted by matthewdean on Sat, 03/05/2011 - 6:56pm.

impression of the other side of his original post on this thread; because we know that usernames are always accurate. If I knew for sure how to spell "bwahahaha", I would insert it here.
"The credibility of the story is undermined by the selection of sources." - (h/t Jer)
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NYT  following the Holder

Submitted by LAM SON 719 on Sat, 03/05/2011 - 8:07pm.

NYT  following the Holder social justice program," some are more equal than others".

 I.m really hoping a large groups of San Francisco flame demonstrates at Fred Phelps' funeral

complete with Folsom street festival public sodomy. 

Non, je ne regrette rien. "You aren't angry because I might be a racist, you're angry because you know I'm right".
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