You Don't Have a First Amendment Right to a Television Show, etc., etc. . . .

[ashling]

Last edited Thu Dec 19, 2013, 04:21 PM - Edit history (1)

http://www.slate.com/blogs/moneybox/2013/12/19/duck_dynasty_and_the_1st_amendent.html

Dec 19, 2013
Gov. Jindal on Phil Robertson Suspension: I Remember When TV Networks Believed in 1st Amendment

BATON ROUGE – Governor Bobby Jindal issued a statement this morning following the news of Phil Robertson being suspended by A&E from the show Duck Dynasty.

Governor Jindal said, “Phil Robertson and his family are great citizens of the State of Louisiana. The politically correct crowd is tolerant of all viewpoints, except those they disagree with. I don’t agree with quite a bit of stuff I read in magazine interviews or see on TV. In fact, come to think of it, I find a good bit of it offensive. But I also acknowledge that this is a free country and everyone is entitled to express their views. In fact, I remember when TV networks believed in the First Amendment. It is a messed up situation when Miley Cyrus gets a laugh, and Phil Robertson gets suspended "

and the twit tweeted:

I remember when TV networks believed in the First Amendment. http://gov.louisiana.gov/index.cfm?md=newsroom&tmp=detail&catID=2&articleID=4374 …

Matthew Yglesias writes:

The only relevant First Amendment issue here is that A&E has a constitutional right to make its own decisions about what kind of programming it wants to air without bullying by the governor of Louisiana. The First Amendment very much does not prevent private firms from declining to air certain kinds of content that they think will alienate their audience, or private citizens from engaging in organized criticism of private broadcasters who don't bend to their will.

the first commenter says:

The first amendment gives him the right to say whatever he likes. It doesn't give him the right to escape the consequences (like his show being pulled).

No

The Governor is wrong and the commenter is wrong also.

Let's look at the difference between Freedom of Speech and the First Amendment.


Freedom of Speech

FoS (we can be exact without being overly wordy lol ) is a lot of different things to different people. That is because FoS is a concept.

Concepts are important. Without getting to philosophical, they provide a basis for for the way we see the world - and communicate that vision to others. They are necessary for us to judge our own actions and the action of others. Our principles of conduct - insofar as we have any - are based on concepts.

Principles and concepts are not self enforcing. They underlie our constitutions and laws. But they are not, of themselves, either laws or constitutions.

FoS is a very important concept. It makes possible the principle that everyone should be able to speak freely - have freedom of speech.


The First Amendment (and the Bill of Rights)

FA (we'll leave of the t in this abbreviation) is actually a provision of our Constitution. It is, more specifically, a part of the Bill of Rights. Our Bill of Rights consists the first 10 amendments to the Constitution. Generally speaking, they protect "we the people" from government intrusion on certain "rights" - or our conceptions of rights. Specifically they are laws limiting certain specific types of action by the government and only the government.

Without government action, there is no applicability.

FA deals with several of these rights, and among them is the bundle of concepts described as "freedom of speech." The FA does not give anybody anything. It provides a protection from the government - and only the government - from interfering with certain types of speech. That protection is limited, but that's another rant.



It has become almost a cliche tho say that this amendment protects freedom of speech or, sometimes, our freedom of speech. This use is widespread and not confined to the right or the left. I see it used that way frequently even by members of DU.

We can"t guffaw at the right wing when they talk about Daffy Duck's "First Amendment Rights" and then refer to that amendment when some Democratic Congressman is bullied into issuing an apology for something he said. (Note: I use "he" advisedly, as I do not think there is any Democratic "she" who would allow herself to be bullied into anything!)

People often resort to cliches to describe things. There is a real danger in that. Cliches tend to trivialize what we are trying to describe, whether it be a law or the concept behind that law. I am afraid that is the case here.


Revere your concepts and principles for the ideals they support. Respect your laws and constitutions for what they do.


I hope you have enjoyed my ham handed rant.

[Xipe Totec]

1. Under the Fifth Amendment, Jindal has the right to shut the fuck up. nt

[darkangel218]

3. Lmao!!!

Right on

[ashling]

4. I applaud your wit,

but you stepped on the message ...

The 5th Amendment, to be precise, keeps the government from forcing him to babble. That is all.

[Xipe Totec]

6. Tit-for-tat - He totally misconstrued the first. He gets the fifth parodied right back at him. nt

[ashling]

7. Bravo!

I agree, I was just being persnickety. After all, that is my First Amendment right!

[Xipe Totec]

8. How can I argue with someone who can use the word 'persnickety' correctly?

Obviously I cannot.

Touché!

[Kurovski]

2. As a government rep, Jindal should stop infringing on A&E's rights.

Political whore that he is.

[Gothmog]

5. The First Amendment only applies to State Actors

Unless there is a governmental entity involved in the censorship decision, the First Amendment does not apply. The First Amendment only applies to censorship done by a federal, state or local governmental entity and does not apply to private parties such TV networks. This is basic constitutional law.

[ashling]

9. Upon reading your post, I am reminded of the Gettysburg address

Everet Horton was the main speaker at the cemetery that day. His speech was extremely long.. He later sent Lincoln a letter congratulating him on getting to saying what it had taken him over 2 hours to say.

[Gothmog]

10. I am a lawyer and so it helps to be brief

This is basic constitutional law. To me people claiming that the First Amendment applies to private parties is like fingernails on a blackboard. If there is no state actor involved, there is no First Amendment issue

[ashling]

11. Exactly

ex - lawyer here. I used to practice with constitutional law - now I ist teach it.

[Gothmog]

12. I have bookmarked this article for reading later

Here is a link to a good law review article on State Action from the Harvard Law Review http://www.harvardlawreview.org/media/pdf/DEVO_10.pdf I have skimmed part of the article and now I need to read it when I have time

[ashling]

14. Thanks

always trying to think of ways to get this across to my students. If they don't get it when I explain it one way, I try to find and come back with different examples and analogies.

You're in the Dallas area now, aren't you? We'll have to get together during the holidays. I just moved over to Mansfield from Cleburne. Now that we moved , I saw a list yesterday which put the top pizza place in Texas in Cleburne! But the BBQ there is fer shit!

[Gothmog]

15. I live in Fort Bend County but practice in Houston

[ashling]

17. Oh yeah, its Towelie who just moved up here

end of the semester confusion.

[Jenoch]

13. I am a little surprised that a statement from

the office of a governor from any state screwed up like this. Isn't there anyone in that office that knows anything about the Constitution?

I have a brother who is a cop. When someone claims their constitutional rights are being violated, he takes out a pocket sized booklet of the constitution and tells them to point out where. It is saddening how little people know about the constitution.

[KurtNYC]

16. I think he purposely ignores the true dynamic (A&E) so that he can grandstand against "political cor

correctness"

"A politician is someone who sees a parade and jumps in front of it." -Twain

[derby378]

18. Oh yeah, the networks used the First Amendment while BUSH AND CHENEY were in power...

These guys have a selective memory.

[Spirochete]

19. If someone on TV

speculated aloud about the possibility that ol' Pyush sniffs bicycle seats, molests weiner dogs, and steals childrens' Halloween candy - let alone hinted he was corrupt - would he be as fervent about protecting their first amendment rights, I wonder...

[Kurovski]

20. Why does Bobby Jindal hate Jesus?

[rustydog]

21. Well said! We had this goober in the ER the other day cursing, yelling, disrupting patient care

Police were called. He kept saying he had his first amendment right to free speech...blah blah blah. You are taking away my right to free speech.

I informed him in Washington state, cursing, threatening staff and patients, interfering with patient care is not protected speech, it is against the law and buys you 24 hours in jail.

He kept insisting he could do this because of his First Amendment rights. He kept exercising those rights as he left the ER in handcuffs.

So many people have a confused and hypocritical view of our "freedoms"