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Monday, February 11, 2008
Johnnie B. Byrd :: Townhall.com Columnist
Who Cares About Free Speech?
by Johnnie B. Byrd
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“Now what?” It’s the repeating question posed to Beetle Bailey by his hapless General Amos T. Halftrack.

Now, it’s the underlying question implicit in the post-Romney seething of conservative talk radio hosts and our listeners: Now what?

Well, all of us who know that talk radio has saved the democracy are looking for a compelling reason to get serious about seeing a Republican, even John McCain, in the White House.

In case you forgot, here is one compelling reason: The Fairness Doctrine!

Every other rationale to hold your nose and vote Republican pales in consideration. Sure, all of us in talk radio can continue being preoccupied on tangential issues, big or small, principled or petty. (For example, although I strongly support McCain, I strongly agree with Mark Levin’s sharp reaction to Phil Graham’s gloating that conservatives should get on the McCain train while tickets are available. The McCain campaign should quickly send Phil back to Texas before Conan O’Brien pulls the Phil Graham clips out of his archives and makes a fool out of him a second time.)

At any rate, a Democratic president and congress equals the assured resurgence of the so-called “Fairness Doctrine,” the most alarming assault on free speech in our lifetime.

If you are in doubt or denial, listen to or read to Bill Moyers’ interview with Congresswoman Louise Slaughter (D-NY). Here is the PBS synopsis of the interview on December 17, 2004:

For the nearly 20 years she has been in Congress, Louise Slaughter (D-NY) has fought for fairness on the airwaves. Her latest legislation on the topic is HR 4710, "The MEDIA Act," which would reinstate the fairness doctrine and ensure that broadcasters present discussions of conflicting views on issues of public importance.

And if that interview doesn’t send chills up your spine, then Moyers’ interview with the director of the Annenberg Public Policy Center Kathleen Hall Jamieson will do the trick:

BILL MOYERS: [speaking of Internet and talk radio] I covered the campaign in 1984 when Geraldine Ferraro was the Democratic vice-presidential running mate. I do not recall these kinds of attacks on Geraldine Ferraro. There's something, as you say, unique in this present experience.

KATHLEEN HALL JAMIESON: Or there's another possibility. There's a possibility that these kinds of attacks have always been there, but they were never posted in public space before. … But perhaps we didn't have any way of seeing them.

Perhaps the comments that you're reprising from public space elsewhere, largely on cable or on talk radio, were actually out there but we only had network evening news as a way of getting access to the political world. And they never would have gotten into that forum. So it's possible that nothing has changed except our access to a window on a part of a world. And that we haven't found a way to create boundaries around it and say within it, "Don't you want to have a different kind of discourse here? Do you really want to conventionalize this?"

I plead guilty to wanting to “conventionalize” free speech.

Now what, my friends? Do we really want to risk seeing someone like Tom Brokaw be confirmed as the Deputy Director of the FCC Bureau of Media Fairness? Do we want to risk putting a President in place that wants the federal government to dictate the appropriate “boundaries” for political speech?

We better get a ticket on the McCain train unless we want to get slaughtered by the good Congresswoman from New York—while Bill Moyers gloats with approval.

 

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About The Author

Johnnie Byrd is a lawyer and host of “Johnnie Byrd’s Weekend” heard on WGUL-AM 860 in Tampa Bay, FL.
 
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A dangerous assumption
Help me out, here, Johnnie. Why is it I should assume that the guy who got top billing on McCain-Feingold has a deep and abiding love for free speech?

Agreed
Actually McCain-Feingold does offer protection for free speech. Without it, the candidate that can raise the most bucks controls the airwaves. With contributions actually limited, the "little guy" candidate can be heard and offer an alternative platform. It puts the media darlings and the guys who actually could run the country on a more level playing field.

If you now anything about the "Fairness" doctrine, you know it wasn't fair. I worked as a journalist in a former life and it sounded good on paper. Everybody gets a fair shot at presenting their opinion. Except that the Fairness doctrine never applied to advertising, so as long as a candidate could pay, their speech was as "free" as the next guy. If someone didn't have the back-alley payoffs rolling yet, they had to go begging the networks to allow them a few minutes of non-commercial camera time. The networks would say "no" because they knew they'd also be required to give the same amount of editorial time to the big-money candidates. So, in effect, the little guy was silenced.

Fairness doctrine went away, so then it became the unofficial doctrine of whomever has the biggest war chest wins. Not exactly fair or democratic either, but better than when money and the Fairness doctrine worked against you. Talk radio offered a place for the little guy to speak at least. McCain-Feingold balanced the scales even further. It limited the power of the media darlings and that's a good thing. Someday, we're going to see a dark horse candidate who actually can run the country in an effective way come out of nowhere on a shoe-string budget and beholding to almost nobody (I'm not idealistic enough to believe you can get elected without owing anyone something). It brings us back to the days when journalists actually do their jobs of covering all the candidates, not just the guys with the most expensive ad campaigns and endorsements by mega-organizations like unions.

filibusters?
Another thing McCain is getting dumped on for is his support for the Senate minority’s right to filibuster. Were Republicans consistent in their opposition to that right, they would make a point of never employing it. For some reason, that didn’t happen. So maybe preserving a forum for minority viewpoints isn’t so bad.

Talk radio has done immeasurable damage to America. Any crackpot can say anything without any accountability. Contrast that with the standard liberal medium of the documentary where copies of documents are displayed and damning videos are shown. Conservative talk radio has made people more self-centered and afraid of opposing viewpoints. I can envision Rush during WWII complaining that taxes were too high and people shouldn’t have to ration. We’d be speaking Japanese now.

The Fairness Doctrine might not be the best solution to talk radio. The best way to fight an abuse of free speech is with more free speech. But I can’t blame anyone for trying.

McCain-Feingold
Johnnie is clueless. I don't trust McCain any farther than I can throw him--he'd probably push the fairness doctrine just as easily as HillaryObama would.

Is this a joke?
"Do we want to risk putting a President in place that wants the federal government to dictate the appropriate “boundaries” for political speech?"

Uh, ever hear of McCain-Feingold?

Is there a candidate running that DOESN'T want the government to dictate the boundaries of free speech?

At least the two democrat candidates have yet to co-author legislation that craps on the Constitution ("yet" being the operative word).

If we are depending on Mclame
to keep the Fairness Doctrine away we are in trouble.

Aurora
"Fairness doctrine went away, so then it became the unofficial doctrine of whomever has the biggest war chest wins."

I guess that's why we've had Presidents Perot and Forbes, right? If all it takes is money, why would George Soros have to prop up some leftist candidate when he could just buy himself the presidency?

HR 3077 - heard of it?
HR 3077 was a republican sponsored bill that supposedly promote "diverse perspectives and the full range of views". It was just like the Fairness Doctrine, except that it was written to control universities.

Where was the outcry from conservatives when this bill was introduced in 2003?

Luckily, the American public was smarter than the republican congress thought and the bill was never passed in the Senate.

Free speech can be trounced on by either side.

Whether McCain has a position
on the unFairness Doctrine at the moment is less compelling than that we KNOW the Dems., both Hill and Barak, will definitely want to kill cons. talk radio with it.

Just look at the few left/libs who wander onto TH and shriek and pound their chests and pull their hair out over FOX, which is NOT a true cons. tv network, and doesn't even reach half the audience of CBS Nightly News, with Little Miss Pert Couric (and she's cost the network 10% of their viewers).

The left has always had a horror of anyone else manipulating the facts and history, which is why the USSR's Pravda re-invented the past every day to make sure no one really ever knew exactly what had happened.

It should really make TH and other cons. happy in knowing the left so fears a little cons. palaver.

Haven't you heard?
Conservative talk radio only has an audience of the kook fringe. It's days are over. It's passe' and insignificant.

So why should we worry about a fairness doctrine shutting conservative talk radio up? Indeed, if it's a true fairness doctrine, it will finally give a voice to that passe, insignificant kook fringe.


McCain vs. free speech
When I saw the headline for this column I figured it was an anti-McCain column. Instead it's a claim that we must vote for McCain to "save" free speech. You must be kidding. It takes real chutzpah to claim that the way to "save free speech" is to vote for the man who fathered McCain-Feingold and who thinks "clean government" (as he defines it) is more important than upholding the First Amendment.

We have to vote for McCain or the Democrats will bring back the Fairness Doctrine? Considering that he places little or no value on free political speech, and that talk radio has been highly critical of him, and that he likes to "work together" with liberal Democrats, it would not suprprise me in the slightest to see President McCain eagerly *support* brining back the Fairness Doctine. *After* he's been elected and inaugurated, of course.

Vote for McCain to save free speech? Forget it. His stand on free speech and the First Amendment isn't the *only* reason I won't be voting for McCain, period. But it's a majuor reason.

Yeh, Right!
Aurora, you say, - "McCain-Feingold balanced the scales even further. It limited the power of the media darlings and that's a good thing."

That worked really well this primary season wouldn't you say?
I watched the media name their "darlings"...
FoxNews pumped up their boy Rudy to the very end. They went so far as to call his southern strategy "Brilliant"...sure it was!

The Mr Irrelevant Award went to - Whichever Conservative happened to be next in line for THAT award 1st it was Tancredo, then Hunter, finally Thompson & for good measure Romney (who wasn't even much of a conservative).

Mr Congeniality - Unlikeable Mike Huckabee got that one with ALL the Free Air Time that came with it.

Mr Wacky Award went to Ron Paul right from the start guaranteeing he would get as much BAD press as the Huckster got Good Press.

All in all, I would say your assessment isn't very Fair or Balanced.
The Media wound up with MORE POWER this year than ever before.

Fairness My A$$...Limited Power? You gotta be kidding right?

W/O=

Seems to me
For all of us to depend on Washington DC to protect the Constitution, the battle is over and DC has won anyway.

Johnnie B. Byrd asks:
Now what, my friends? Do we really want to risk seeing someone like Tom Brokaw be confirmed as the Deputy Director of the FCC Bureau of Media Fairness?
---------
Well, if that is what it takes to have a revolution and restore our constitution, whats wrong with that?
Oh, right, Americans will continue to take the long line of abuses the Fathers put a stop to from the British.
Never happen again, or will it?

What the press does not tell us, or talk radio.


U.S. Supreme Court Denies Certiorari
for Landmark Right to Petition Case

Constitutional Crisis Escalating




On January 4, 2008, the Judges of the Supreme Court of the United States, in conference, voted to deny the Petition for Writ of Certiorari in the landmark Right-to-Petition case We The People v. United States. On January 7 the Court issued its Order denying certiorari.

Without comment, the Supreme Court decided not to hear We The People v. United States, a case which, if heard, would have required the Court to declare -- for the first time history -- whether the Government is obligated to respond to proper Petitions by ordinary, private individuals for Redress of Grievances - specifically Grievances alleging unconstitutional behavior by the Government, and whether the individual having so Petitioned, has the Right to act to peacefully hold the Government accountable if the Government refuses to respond.

http://judicialmisconduct.blogspot.com/2008/01/no-us-consti tution-or-individual-rights.html


BTW
The Internet will be next to come under the purview of the "Fairness Komissar", so live it up while you can.

W/O=

Don't Spit in My Pool
Amendment l, The Constitution of the United States of America: Congress shall make no law abridging the freedom of speech, It is impossible for me to believe anyone that speaks and reads English cannot understand those 10 words. Nothing is caveatted, there are no exceptions, and specific speech is not spoken to. Nothing is even implied--you can profess your love, you can condemn, you can express your hate, you can cuss, you can call someone a que*r or faggot, nothing you can think of is prohibited and Congress has been specifically precluded from establishing domain over your right of utterance. Nevertheless, the drum roll of the Liberal stupid left continues to try to justify something that does not and never was intended to exist. Hate speech, the N-word, anti-semitism, whatever they think may work--no, I can say what I desire and if I pi*s someone off, that someone may opt to kick my a*s. Then I may opt to have him charged with battery or whatever law he may have broken. On the other hand, if that someone cusses back at me, there is no foul--we both have our right of speech protected equally--we can turn our backs and silently walk away. There is no fairness doctrine protected or mentioned in our Constitution and if we as a nation acquiesce to such foolishness, we will do it in contravention to our Bill of Rights.
This blog was not acceptable--my words were censored--note the words with an asteric. That is not a violation of my Amendment l right to free speech. Why?

You Must Be Joking
Did April Fool's Day come early this year?

John McCain is the man who believes that the way to stop Congress from being corrupt is to make it illegal to donate money to politicians. Apparently it never occurred to John to expect his fellow members of Congress to behave ethically.

John McCain is also the man who believes that it is unfair to publicize a politician's voting record within 60 days of an election as a means of opposing them. Apparently John has some serious doubts about his chosen voters really supporting him.

Given his record, McCain is more likely to seek further boundaries on our rights than Hillary or Obama. After all, he's the one who has successfully placed limits on our rights already. And given his recent experience with talk radio, he is more likely to support the Fairness Doctrine than those who got used to ignoring it years ago.

As I've said before, I don't have to dance with your date. You chose this turkey, you live with him. I survived Bubba and W. I'll survive Obama or Hillary.

Cam?
"Talk radio has done immeasurable damage to America. Any crackpot can say anything without any accountability."

What exactly does this mean? They are utterly accoubtable - unlike the anonymous blogs here. Rush et al literally are scrutinized by millions of listeners, live, every day. The MSM also listens, ready to pounce on any real or percieved violation of PC tennant. They are accountable because if what they say doesn't resonate with people, then they lose audience (right, Medved?) They are accountable to the laws of the land as relates to libel and slander.

They might not be accountable to YOU - is that what has your panties in a bind?

aurorawatcher
You need to stop staring at the lights so much. McCain Feingold does not level the playing field. On the contrary, as others have said, it makes the MSM, who's influence is already undue, even more powerful. Since no one can pay to mention a candidate, the media can overload on mentions in their coverage. Any good PR firm will tell you the frequency of mentions is what gets the consumer to buy the product. McCain Spam repeated ad nausium on the MSM will outsell Romney Filet Mignon. The Key is McCain-Feingold.

Oh yeah...and it is violation of the 1st Amendment. Little detail there you should consider.

Cam:
"...McCain is getting dumped on for is his support for the Senate minority’s right to filibuster." Senate Republicans have only very rarely filibustered a JUDICIAL NOMINEE, which is what the Gang of 14 vs. the nuclear/constitutional option, and then only as a tactic for more debate or vote gathering. (For that matter, Senate Democrats didn't either, until they contracted BDS.) The use of the filibuster as a defacto negation of a nominee is a clear violation of Senate Rule 31, and may be uncostitutional (depending on which legal scholar has been been found in support of either side).

As far as "any crackpot can say anything without any accountability", I suggest you look in the mirror on that one. As the Air America experience has shown, talk radio has accountability in spades.

OOPS
Was supposed to read, "...Gang of 14 vs. the nuclear/constitutional option was about,..."

John McCain cares about free speech
Free speech is at the center of the signature legislation in his political career.

He is AGAINST free speech.

Hand over the keys
Are you asking us to give the keys to the henhouse to Mr.John "The Fox" McCain?

McCain's Phony Border Security Plan
McCain claims that he wants a secure border first and that security will be certified by the Governors of the border states. What a con job!

Imagine the security of our Mexican border being certified by liberal pro-open border Gov. Richardson, Kennedy in law RINO Gov. Schwarzenegger, Gov.Perry of Texas whose under the influence of Pres. Bush, and the democratic Gov. Napolitano of Arizona who vetoed anti-illegal immigration laws in the past.

After they certify security, then McCain's old amnesty plan kicks in.

With this cynical suggestion, McCain proves that he has no respect for the opinion of millions of Americans who opposed the original Kennedy-McCain Amnesty Bill.

With McCain, it's my way or the highway.

With reference to McCain's ACU conservative rating, it has not averaged 82.3% for the last five years. In fact in 2006 it was 65%

SM


Cam
Cam writes, "Talk radio has done immeasurable damage to America. Any crackpot can say anything without any accountability".

That's the definition of "free" speech. Anyone can march and rant about their political ideology, even the American Nazi Party. Or even Air America!

We, the people, also have a right to TURN OFF THE RADIO. Would Rush Limbaugh have stayed on the air for 20 years IF NO ONE WAS LISTENING? Air America went quiet, broke because their message did not resonate with the American people and they stopped listening. That's called the free market.

The socialists in this country would pass laws that restrict free speech simply because it doesn't support a socialist agenda. A significant minority of people in the USA are socialists and despise the concept that people like Rush are free to speak unrestrained by political parameters.

McCain because of Fairness Doctrine?
McCain doesn't give a rat's behind about free speech. Want proof? McCain/Feingold. Nuff said!

Johnnie Boy Bird...
flies again!
Just a couple of days ago he was attacking anyone who disagreed with his opinion on McCain.
Now he resorts to voting for his candidate because a bogey man (Bill Moyers)is hiding under the bed. Please.
Johnnie Bird is not a radio talk show host. He buys one hour of time on a local Tampa Bay radio station to promote his slip and fall law practice.
He was term limited out of the FL legislature and he's now trying to reinvent himself as a conservative.
Lawyer Bird still doesn't understand that McCain Feingold draws a veil of silence across the last 60 days of a campaign. Hello?
The Constitution doesn't even allow a 60 second period of silence in our political system!
Wake up Johnnie and stop the legal stunts. We know you.

Perhaps the attacks were always there...
"KATHLEEN HALL JAMIESON: Or there's another possibility. There's a possibility that these kinds of attacks have always been there, but they were never posted in public space before. … But perhaps we didn't have any way of seeing them."

Bingo. That is precisely the case. When Geraldine Ferraro held her press conference explaining her husband John Zaccaro's financial regularities, the press accepted here answers and never looked back. I heard opinion after opinion that there were serious and obvious problems and that the press never asked the right questions. There was no one who could publicize this point of view and the story disappeared from the media, never to return.

Ms. Jamieson cleary thinks this state of affairs was fine. She is mistaking conformity of opinion with civility of discourse.

Warrior
You were sounding good until the end.

Townhall.com is not the government. Is a privately run website that has every right to censor the material on its site.

You made the same mistake that the left makes when claiming that their free speech is being abridged.

Ignorance comes forward
syler writes: Monday, February, 11, 2008 5:39 PM
HR 3077 - heard of it?
HR 3077 was a republican sponsored bill that supposedly promote "diverse perspectives and the full range of views". It was just like the Fairness Doctrine, except that it was written to control universities.

Your statements remind me of the old adage that "It is better to keep one's mouth shut and appear stupid than to open it and remove all doubt."

There is a vast difference between a publicly supported university filled with left wing professors brainwashing captive audiences of young students than a commercial radio program dependent on bringing in listeners by being honest and interesting. Your stupidity is only surpassed by your ideology.




Fairness Doctrine

Your concerns regarding the "Fairness Doctrine" and John McCain appointed judges are laughable!
He will NEVER appoint a judge who would vacate McCain-Feingold, and I'll bet he would sign the Fairness Doctrine in a heartbeat to get rid of Rush, Sean, Laura, Mark - probably everyone except you and Medved.

Fairness Doctrine

Your statements regarding John McCain, judges, and the Fairness Doctrine are laughable. McCain will NEVER appoint a judge that would vote to overturn McCain-Feingold (better known as the Incumbent Protection Act) and he would support an sign the Fairness Doctrine in a heartbeat he'd be rid of Rush, Sean, Laura, Mark, - in fact, everyone but you and Medved.

Editor, please
Just a note: it is Senator Phil Gramm, not "Graham". Whatever point the author was trying to make was lost on me with such a shoddy job of editing.

Talk radio = entertainment, nothing more
>Well, all of us who know that talk radio has
>saved the democracy are looking for a
>compelling reason to get serious about seeing a
>Republican, even John McCain, in the White
>House.

That is the problem TALK RADIO, it takes it self too seriously with big egos that THOUGHT they controlled the nation. They are just "tools" of the GOP and comedians, entertainment, a business to sell ads. As long as ratings are good, than they are happy. No one with a MIND thinks Rush is serious. He's a self confessed GOP water carrier and HE tells JOKES!


Talk radio is not the WORD OF GOD. They represent a very small portion of America's opinion.
McCain is hated because he thumbs his nose at the GROUP THINK, Lock stepping, kowtowing to the GOP leadership. GOOD FOR MCCAIN. I doubt McCain would have made the mistakes Bush made.

News Flash: Conservative "principals" is not always a good idea. Most of the "principals" you talk about you don't really follow, your just hypocrites anyway. NO ONE BELIEVES THE LIE, Conservatives KNOW ALL!

HOW DID WE GET INTO THE IRAQ MESS. People all drinking koolaid believing the President was telling the truth. Even the media stopped critical thinking and criticism for a year or more. The result is the worst foreign policy disaster in the history of America, Iraq.

While we're at it, why not re-enact...
--
...the Alien and Sedition Acts of 1798?

As long as John McCain is determined to make a political career out of deliberately (and with criminal *mens rea*) violating the U.S. Constitution, he ought to have no qualms about resurrecting these "Oldies But Goodies."

After all, he's an "independent" conservative, isn't he?

Independent of anything resembling conservative political principles.

Or the U.S. Constitution.

--

Good Article
Brings up points Rush & Co. haven't considered.


McCain Train
Mr. Byrd's column is indeed sobering, but I wonder how he can be so sure that McCain would not be a Fairness Doctrine fan, too? He certainly was quick to play fast and loose with the First Amendment in McCain-Feingold so why should anyone think he would not be quick to try to silence Limbaugh & Co. in talk radio?
Newsman1943

Re: Editor, please
And, the worst thing is, this correction was posted two days ago and the error still has not been repaired. We've got us a real KERFUFFLE going!

John Galt writes: Tuesday, February, 12, 2008 7:24 PM
Editor, please
Just a note: it is Senator Phil Gramm, not "Graham". Whatever point the author was trying to make was lost on me with such a shoddy job of editing.
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