Roberts Court Moves America Toward Sane Interpretation of First Amendment

Photo of Matthew Sheffield.

When it comes to the First Amendment, too many people in this country have a distorted sense of what that document actually means.

This is especially true of the liberal elite media which construe the First Amendment in the following manner: 1) Congress shall not make any attempt to censor or diminish the rights of any media outlet--except those dominated by the right. 2) Congress shall not restrict flag burning or any form of pornography. 3) Religious people do not have the right to express their religion in public. 4) Political speech is equal to money and therefore can be censored at whim.

To those who doubt that, take a gander at this recent Kansas City Star editorial, denouncing the new John Roberts court:

The result, made clear in rulings handed down this week and earlier, is empowerment for the powerful and callousness toward individuals.

The session will be remembered for a ruling that allows politicians, rather than women and physicians, to say whether a particular form of late-term abortion is appropriate.

The court’s session will likely be remembered at election time for a ruling this week that could open the door for unions, corporations and other interest groups to spend unlimited amounts of money on ads meant to influence voters but thinly disguised as pronouncements on “issues.”

Framed by Roberts as a victory for free speech, the ruling is a ticket for monied interests to drown out the voices of individuals and groups that heed campaign financing limits.

Putting aside the very questionable "certain type of late-term abortion" defense (it's the right that dare not mention its name), the Star has a strange view of free speech. If we were to apply my hometown newspaper's standard of "monied interests" to the press, the Star itself could be regulated as it is owned by a large media corporation, McClatchy Newspapers. The only ones left unregulated would be bloggers.

But the Star is hardly alone in having such a bizarre reading of the First Amendment. As Jonah Goldberg points out, liberals and media "reformists" have misrecognized what free speech laws really were intended to be:

For a long time, we concluded the best way to protect political speech was to defend other forms of expression - commercial, artistic and just plain wacky - so as to make sure that our core right to political speech was kept safe. Like establishing outposts in hostile territory, we safeguarded the outer boundaries of acceptable expression to keep the more important home fire of political speech burning freely. That's why in the 1960s and 1970s, all sorts of stuff - pornography, strip clubs, etc, - was deregulated by the Supreme Court on the grounds that this was legitimate "expression" of some sort. [...]

[S]uch buffoonery would be pardonable if the grand bargain of defending marginal speech so as to better fortify the protective cocoon around sacrosanct political speech were still in effect. But that bargain fell apart almost from the get-go. At the same moment we were letting our freak flags fly when it came to unimportant speech, we started turning the screws on political speech. After Watergate, campaign finance laws started restricting what independent political groups could say and when they could say it, culminating in the McCain-Feingold law that barred "outside" criticism of politicians when it would matter most - i.e., around an election.

And that's why we live in a world where cutting NEA grants is called censorship, a student's "Bong Hits 4 Jesus" sign is hailed as vital political speech, and a group of citizens asking fellow citizens to petition their elected representatives to change their minds is supposedly guilty of illegal speech.

That is until this week. In one case, the Supreme Court ruled that a student attending a mandatory school event can be disciplined by the school's principal for holding up a sign saying "Bong Hits 4 Jesus," and in another it ruled that a pro-life group can, in fact, urge citizens to contact their senators even if one of the senators happens to be running for re-election. Staggeringly, these were close and controversial calls.

—Matthew Sheffield is the creator of NewsBusters and its Executive Editor.


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Does the U.S. Constitution co

Does the U.S. Constitution contain some provision stating that leftist special interest groups like McClatchy newspapers can spend an unlimited and unregulated amount of money advocating its views and producing attack ads against Republicans with its poorly disquised sham "news" product, but other groups like the Wisconsin Right to Life are restricted in spending money to counter the views of McClatchy and other leftist sham "news" outlets?

Constitution Does Not

The Constitution does not. But McCain - Feingold does!!! Newspapers love it because it increases their power by making them almost exclusive deliverers of the message.

Restrictions on genuine political speech have no place in this nation.  The Courts 2003 McCain-Feingold decision remains a disgrace.

The Right

If you believe that only radicals say that the left is looking to restrict and eliminate all mainstream and Conservative expression, then just allow the democrats (communists) to gain control of the White House. When they do, you will soon see the CRININALIZATION of ALL Conservative expression.

I have said for years that the only threat more serious to our American Way of Life than radical islam is democrat (communist) control of the Presidency, both houses AND radical islam.

Get ready to teach your children the goose step while wearing turbins.

I'm not a big fan of Suprem

I'm not a big fan of Supreme Court first amendment jurisprudence during my lifetime. I like Sullum's take.
JMR

And I love this game...Funn

And I love this game...Funny way to make the point!
JMR

And despite the above game

And despite the above game (which I find hilarious, and which likely will infuriate various NB conservatives) I do have a serious question about one of these rulings...What about the next student unfurling a stupid banner proclaiming: "Just say 'no'! to bong hits for Jesus!"?? Suspend, or no?
JMR

Anything

So what would your ruling be?

I asked first. What's yours

I asked first. What's yours??
JMR

No you asked otherwise

No, you asked what would the SC ruling be?  I asked what your thought on it would be?  Personally if it was on school property or during school sponsored event, I feel the school has the right to suspend.

Nope. I never specified the

Nope. I never specified the Supremes (or anyone else) above, that's your imagination. I'd say in similar circumstances to the actual case decided (off school property, not a school event) they should leave the kids alone. Kids sometimes make silly speech. In this kid's case, despite the message, his intent was apparently nonpolitical, and only to get himself on the news. I'd say he was a success...
JMR

School Event

Was not this called a "school sponsored event"?  I do believe that was all in the ruling.

They were allowed out of sc

They were allowed out of school for it, but the silly sign guy came to the event straight from home, and it was the Olympic torch going by, rather than an event related to the highschool, but because they were let out to watch it may still qualify as a school event even if the kid attended directly from home. I mainly liked the game because the proposed slogans are so much funnier than the original.
JMR

Love the game

The game is great, but this is why you have lawyers. What you do is grab the kid, destroy the sign, call the lawyer and hold the suspension hearing after you get legal advice.

Our real problem, then, is not our strength today; it is rather the vital necessity of action today to ensure our strength tomorrow. Dwight Eisenhower

A few of those signs are wa

A few of those signs are way too funny to destroy, IMO.
JMR

Sarcasmo Game

Sarc, I honestly hope that you do not think that game is of any subsantial 'evidence' that "Drugs were like--- what carried Jesus's sails maaan *cauuugh!*  You and your obsession of drugs is very telling of your nature.  Drugs will NEVER be legalized.  Students for a responsible drug policy?  PLEASE!   Those same college students have to pay higher car insurance for a reason.  THey can't even cohearantly operate a vehicle responsibly.  Nevermind in drug induced haze.  How old are you that you sign onto rubbish like this?  I wouldn't stumbled upon that game if I hadn't known you.  Thats says alot.

Keep accusing "obsessi

Keep accusing "obsession" -- it's easier than making an actual argument! And I don't care if you dislike Students for a Sensible Drug Policy, that's tough for you. I like 'em, and I like their game because it makes fun of the mess the Supremes have made of the First Amendment. The "drugs" part of this case turned on the hysteria-buttons in various drug warriors, so they forgot the conservatives (I think including Pat Robertson, but I could be wrong, it was some conservative legal group) who see this case as potentially chilling religious speech. I don't particularly care what sails were made out of in Jesus' time, but it's likely that it wasn't cotton or polyester, and for some reason that upsets the hysterical, which makes the game fun -- just as I knew it would be. Finally, if your side's arguments are all that good, how come we constantly see this kind of censorship of my side's arguments??
JMR

Sarcasmo ducks the evidence in front of him

You have yet to pursuade me as to why I should allow juvenile delinquints the opportunity to f*ck up more than they already have per my vehicular capabilites argument.  It's no contest.  College (aged) kids screw up more times than older people.  Why in sam hell would risk letting them have their LAUGHABLE "sensible drug poliicy" and put other people in danger?  I could give a crap less what Jesus's sails were made out of.  However, the fact that those dopers even had the audacity to connect their 'loose' life style to a respected religion is beyond me.  First off, on what basis do these JD's provide proof of such sillyness?  Don't get me wrong, I am in NO WAY a bible thumper, but it pisses me off that those kids USE a religion to try and pass their druggie BS. 

BTW  What the crap does the first amendment have to do with drugs?  Let them make whatever signs they want.  I don't see them brekaing any laws with signs.  But, if they are toking during their protest, then out come the bracelets.  And yes Sarc, it is an obsession with you.  Their are FAR more financial programs to fight (and possible make progress with) out there.  You have chosen drugs for some reason.  You must be a user if your incessant complaints of drug policy is an indication of your life. 

Islam should have it's religious status revoked until it can prove it's not a hate group.

"Six String Spiff" joins the other liars.

Religions get used politically all the time, get used to it. You're just hysterical about pot, to the point that you've messed up the facts of this case. It has NOTHING to do with "toking during their protest" (as if that would affect anyone else besides the smokers, anyway!) and EVERYTHING to do with free speech, which is why the students could make a game that makes your side look so-damn-stupid. Get it now?? There was ONLY SPEECH, and NO 'TOKING' at this "protest" (it wasn't even that, the kid just wanted to get on TV). And yes, Spiff, it's hysteria with you, you're unable to even get the most basic facts straight in your hysteria over the LEAST dangerous (and therefore most-holy) drug in your losing tax and spend drugwar, and your reflexive lying about me matches that of various other equally-uncreative conservatives losing this same argument the same way in the past. You're ignorant about both me and this case, but you don't get to lie about me and keep your reputation at the same time around here. I'll make sure of it. Tell the truth, or else face the consequences. Why do you people lie about me anyway, instead of just trying to make a coherent argument? The only answer I've ever come up with is that you HAVE no argument, so you MUST resort to lies. It's a character-issue, and a big part of why I don't respect conservatives around here any more than I respect "liberals."
JMR

Sarcasmo Game.. round two

Umm dude, I said IF they were toking.  Did you miss that?  I wasn't accusing them of actually doing that.  That was my indication of how I felt about the case.  Did I accuse them of smoking?  No.  Did you miss the part where I said I didn't care what signs they made?  Speaking of making coherent arguments, you have STILL not answered y very first question pertaining to responsible driving while not even under the influence.  Can you please answer that instead of insisting on how right you are, and what punishment you will rain upon those who think otherwise?  Gimmie a break, Sarc.

You said: "You must be

You said: "You must be a user if your incessant complaints of drug policy is an indication of your life."

You're full of crap, and you have yet to admit it. Deal with it. I'm not answering any questions from the likes of you until the reflexive lie's admitted. I shouldn't have to be the one admitting it for you just because you're hysterical over weed smokers.
JMR

Sarc is afraid

Sarc ducking the questions again..  no surprise there.  Why, he ALWAYS right.  And even if he isn't he will derail the conversation into some convoluted political connection to pot.  Aww did I hurt your feelings?  TFB.  YOU never answered my question.  You pulled the "I'm not  gonna talk to you" card.  you shouldn't hold your head up so high.  You might hit the power lines. 

ANSWER THE QUESTION!

Admit you lied, and I'll an


Admit you lied
, and I'll answer. I don't need to talk to liars who won't admit their lies, and you deserve 0 respect until you admit the truth, which is that you've lied. Period. Liars on this issue need to get used to admitting your own lies, I'm tired of admitting you're liars for you.
JMR

Spiff Lied?

What have I lied about?  When I was speaking about the protestors, I presented a hypothetical situation.  IF they were toking during a protest, then they should be arrested.  If you are not a user, then I retract my accusation.  How else would one interpret your defending of drug use?  Maybe it's the prinicple.  I dunno. 

Once again...You still said

Once again...You still said: "You must be a user if your incessant complaints of drug policy is an indication of your life."

As I pasted above. This is the ad hominem tactic of the hysterical, and despite how frequently it's employed (as if it were a new idea?) it's still intellectually-bankrupt, stopping any real debate.
JMR

Does Sarc need it spelled out?

This is rediculous.  Did you miss where I said if you were NOT a user, then I retract my accusation?  It didn't make any sense to me is all.  Why would somebody defend the use of drugs.. if they themselves aer not a user?  How is it an ad-hominem attack if I ask you if you use the substance you so righteously defend?  This is stupid.  Don't answer the question.  I could give a crap less.  itellectually bankrupt...   that makes sense. 

Example:

Person A:  "I am for a responsible student drug policy!"

Person B:  "Why?  Do you use drugs?"

Person A:  What do THAT itellectually bankrupt, adhominem question have to do with anything?!"

It's been fun, but I need to get back to other more important issues.

drugs

Person A (Me): "I am for a responsible student drug policy.  I am for looking a responsible solution to drug usage that is effective economically and socially even if it means legalizing certain drugs and/or amounts."

Person B: "Why?  Do you use drugs?"

Person B (Me): "No.  However, I've seen Naval Drug Operations first hand and they are wasting money.  I've seen people who are helped by marijuana and never "high" but functional because it helps them deal with pain and/or nausea.  Plus, what we are doing now does not work."

Whats political about weed?

"religions get used for political reasons all the time.  get used to it."

That is true, but please tell me what drugs has to do with politics?  I don't see any bills or ammendments in the near future (Thank GOD) for the legaization of this crap.  It's all about druggies wanting to have easier access to their stuff.  It won't happen.  Nothing but a bunch of going nowhere juvenile delinquints.

Drugs in this case blinded

Drugs in this case blinded the hysterical to the First Amendment implications of some speech, and that, combined with the immense tax load of the tax and spend drugwar, makes drugs political.
JMR

I note all the screaming ho

I note all the screaming how the Roberts court is moving the court to the right.

Gee all these same impartial commentators weren't screaming foul when Ginzberg and ex ACLU council moved the court a quantum leap to the left.

Roberts et al is only moving it back to the center.

The Court is moving to the ri

The Court is moving to the right. !!!

This is like the old story of the candidate describing his opponent: " ... I hate to say it, he believes in monogamy!" (Gasps and whistles) "And there are rumors that he may even be a practicing het-ero-sex-ual!!!!" (Fainting and torch-lighting).

The court is moving?

Really, I thought the court just returned to reading and interpreting the law, not inventing it as they went. Funny how Liberals and Conservatives differ on what is going on.

I heard the Liberals are mounting an offensive to "grow Justice Kennedy". I wonder what that means?

Not Just the Court

We could greatly eliminate controversy and the power of the Supreme Court with a few Constitutional Amendments, i.e., McCain-Feingold (strenghten free speech language), Kelo (clearly define "Public Use"), Woe v Wade (abortion) , 14th Amendment (anchor babies), and many other issues that we allow them to intepret.

Congress gets more blame than the court in my view. I think that it's time to amend the Constitution. I haven't heard even one Congressional Representative mention the Constitution.

READ

You forget, they must read it first.  They never read any of the bills they vote on, they never read any of the reports they get, they depend on summaries and/or their staff-who is definitely prejudiced.

It appears this country is ed

It appears this country is edging ever closer to the day when we will be living under, and probably working for, what we libertarians refer to as the Imperial Federal Government.

In the week just past, we witnessed an attempt by those we elected to represent us to quite literally sell this country out to a bunch of people who aren't even from here. This was done despite the stated opposition of about 80% of the American population, and was only halted when the public outcry finally became too loud to ignore.

Is it any wonder that most in our government, even those we elect to be there, do not really wish to hear from us?

-Matthew, I agree with your portrayal of the liberal MSM view of the First Amendment, but I would have added this to #3)....save for members of the peaceful religion of Islam, for which we will do whatever is necessary (including raiding the public treasury) to accommodate them in every way possible.

Help Fred Thompson defeat the RINOs, along with the Hitllary/Obama axis, & win the White House in '08.

READ IT! It means EXACTLY what it says

Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof; or abridging the freedom of speech, or of
the press; or the right of the people peaceably to assemble, and to petition the
Government for a redress of grievances.

This was written so that there could be little chance of any misinterpretation. It is only through tortured logic that misinterpretation is possible.

These documents (Declaration of Independance, Constitution, Bill of Rights) are no longer taught in most public school systems. One has to ask why?

The day that "politician" became a career choice is the day we started losing the Republic

c5,

These documents (Declaration of Independance, Constitution, Bill of Rights) are no longer taught in most public school systems. One has to ask why?

Easy. The Bill Of Rights conveys rights on the individual.  This is a concept that is utterly foreign to the thinking of most liberals, who are only concerned with group rights. To acknowledge that individuals have rights makes it far more difficult to bring about a collectivist society that is wholly subserviant to the state, which is the ultimate goal of liberalism.

This is why that, in many government schools, which are essentially run by liberals, they begin their indoctrination of our children into collectivist thought on the very first day of the school year by collecting and re-distributing the school supplies of the students. After all, it just isn't "fair" for some students to have nicer and more stuff than other students. Notice also that many on the left are now advocating getting the government's hands on our children at an even younger age now (four year-olds).

Help Fred Thompson defeat the RINOs, along with the Hitllary/Obama axis, & win the White House in '08.