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Thursday, August 19, 2010

 

Sisters In Stupidity

Radio hatemonger Laura Schlessinger has announced that she's giving up her radio show at the end of this year (conveniently enough, when her current contract expires) to regain the First Amendment rights that she says she's lost.

Apparently needing to feed on controversy, Sarah Palin has tweeted her support of Schlessinger. In the span of 140 characters, Palin also manages to accuse activists of taking away Schlessinger's First Amendment rights.

Ladies, please take your heads out of your asses. No one is taking away anyone else's First Amendment rights in this situation. Both of you have every right to spout all the bullshit you want. People like me have just as much right to call you on it. We also have the right to call your sponsors and radio affiliates (in Schlessinger's case) to make our distaste known to them. They have every right to respond by pulling their advertisements or cancelling your show in order to protect their business interests.

The only way in which anyone's First Amendment rights would be violated in this situation is if the government somehow intervened to stop Schlessinger, Palin, activists, sponsors, or affiliates. That hasn't happened here. It won't happen here. There is no First Amendment breach.

Now, I should probably take some time to explain that broadcasting is not entirely subject to First Amendment protections because the airwaves are a public resource. That's why George Carlin was able to tell his "seven deadly words" joke. It's why CBS paid a lot of money for showing Janet Jackson's breast. Read the Federal Communications Act of 1934 (which was significantly amended in 1996) and you'll understand why. Then we can have that discussion.

Once Schlessinger leaves her show, she'll still have just as much freedom as she does today to say the stupid things she does. Palin will have just as much freedom to support Schlessinger. Activists will still have just as much freedom to call them stupid. Everyone's First Amendment rights will remain intact. The only thing that will be lost is Schlessinger's current opportunity to say stupid things to millions of people at the same time. It's her own choice to lose it. The First Amendment does not guarantee her (or anyone else, for that matter) the right to a radio show.

For a pair of women who make daily use of their First Amendment rights to say outrageous things, it's a sad indicator of their lack of integrity when they accuse people who use their own First Amendment rights to make their outrage known of somehow violating the First Amendment.

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