The past year has been a banner one for hate-mongering. We’ve had Proposition 8 in California and all the money and rhetoric on both sides of the issue of various gay rights in California and elsewhere. We’ve had the vitriolic debate over healthcare, and the increasingly bitter strife and arguments over immigration and illegal aliens. We’ve had the TEA Party explosion over taxation, which has been so irrational that at times [as I’ve noted] the TEA Partiers have sunk some of their strongest and most effective legislative allies. Lurking in the background remains the bitter and often violent controversy between “pro-choice” and “right-to-life” factions over abortion.
In all of these instances, parties on all sides assert that they’re asserting their first amendment rights of freedom of speech. Such assertions seem to be accepted without reservation, as if this right is unlimited. In fact, it is not. In 1919, in Schenck v. United States, the U.S. Supreme Court upheld a lower court decision affirming federal law limiting freedom of speech. In that opinion, Justice Oliver Wendell Holmes, Jr., held that in wartime, conditions are such that greater restrictions on free speech are indeed constitutional, and that:
“The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.”
Although the Congress has not declared war in the conflicts in either Iraq or Afghanistan, the United States is still engaged in the longest war in its history, and many other freedoms have been effectively curtailed. Air travel requires in-depth search of self and belongings without any criminal intent on the part of the passenger and certainly no probable cause. Yet we not only allow, but actually support and pay for virtually unlimited hate-mongering by media personalities. That hate-mongering stirs up civil unrest, state legislation that is most likely unconstitutional, uncivil behavior, and discrimination… and all in a time of war.
Why is this occurring? Because it’s profitable for the media outlets. The more conflict that’s generated, the more the number of listeners increases, and the more advertising rates and revenues increase. In effect, the media has succeeded in successfully turning hate into a paying commodity – and all too many Americans are buying it… and effectively working to destroy many of the very principles on which the nation was founded.
As I have stated before, every single person in the United States is either an immigrant or a descendent of immigrants. Exactly what is the difference between those seeking to live in the United States and our forebears? Some will claim that our ancestors came legally. Some doubtless did, but many were convicts and criminals. Others were fleeing chaos and war – just like the majority of those trying to reach the USA today. The hate-mongers claim that the “illegal” immigrants bring more crime. Statistics show that the rates of crime between “legal” Americans and “illegals” are almost identical. Such facts tend to get buried in the hate-filled rhetoric.
Interestingly enough, given the magnitude of the financial melt-down and the subsequent Great Recession, we’ve had comparatively little hate-mongering against Wall Street and the financial types who perpetrated it. Even Bernie Madoff got off comparatively lightly in the media. Why might that be? Could it just possibly be because the media pundits who stir up all this hate don’t want to bite [at least not too hard] the hands that pay them for all this hate-mongering?
But, of course, any suggestion that Congress consider restrictions on broadcasting hate and inciting civil unrest will immediately draw cries about how free speech can never be infringed. Except that the Supreme Court already ruled that in times of war… it can.
We have laws against other toxic substances. What about toxic speech?