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Monday, July 02, 2007
Jonah Goldberg :: Townhall.com Columnist
(Free) Speech Disorder
by Jonah Goldberg
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This always struck me as preposterous. Of course students shed some of their rights at the schoolhouse gate. That's the whole idea behind the concept of in loco parentis. Teachers and administrators get to act like your parents while you're at school. And parents are not required to respect the constitutional rights of their kids. Tell me, do hall-pass requirements restrict the First Amendment right of free assembly? Don't many of the same people who claim that you have free-speech rights in public schools also insist that you don't have the right to pray in them?

Still, such 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.

Many self-described liberals and reformers think it should be the other way around. Teenage students should have unfettered free-speech rights, while grown-up citizens should stay quiet, like good little boys and girls. Thank goodness at least five Supreme Court justices disagreed.

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About The Author
Jonah Goldberg is editor-at-large of National Review Online.
 
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Real conservatism and free speech
Real conservatives cannot be in favor of "free speech" and are correct when they agree with the Court's decision. The expansion of constitutionally protected "freedom of speech" in the 1st Amendment into a generalized idea of constitutionally protected "freedom of expression" was accomplished by liberal Supreme Court justices, and is itself an example of modern liberalism. Conservatives used to know this, but tend nowadays to forget it, or even side with defenders of unlimited "free speech."

Conservatives should understand the need for generalized moral agreement as one of the things that holds a society together. The belief that "freedom of expression" should be virtually unlimited and universal undermines that unity, which is why true conservatives should reject the doctrine. Some of the people who posted on this column understand this, but there are a number of TH readers who have succumbed to liberal doctrine on this issue.

The 1st Amendment's "freedom of speech" was intended, according to such conservative constitutional scholars as Walter Berns, to protect only speech concerned directly with the workings of government, i.e., "political speech."

Here's a representative book by Berns which makes the case for this way of reading the 1st Amendment:

The First Amendment and the Future of American Democracy Basic Books, New York 1976

The first appearance of Berns' interpretation is his earlier book
"Freedom, Virtue, and the First Amendment" Baton Rouge, LSU Press, 1957.

For a relatively recent interview with Berns (2004) see:

http://www.renewamerica.us/columns/evans/040804

Boston College professor David Lowenthal's book

"No Liberty for License:
The Forgotten Logic of the First Amendment" Spence Publishing, 1997.

is a hard-hitting attack on the "freedom of expression" constitutional jurisprudence and the liberal theory that supports it.

This is the sort of writing conservatives need to be aware of. Compared with either Berns or Lowenthal, the typical TH column is thin stuff indeed.



inciting truth
Actually I agree with a lot of what you write, but I got annoyed at your excessssive posts. Keep it pithy and short
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