Yes. But after seeing a post from my friend Asa Burck on the funniest Supreme Court decisions, I just had to blog about it.
We previously discussed in class that when there is a content-neutral ban on speech that it doesn't face as tough of judicial scrutiny as other bans. LAX took it one step further and in 1983, tried to pass a law banning the pamphlet people from hanging around the airport.
Jews for Jesus was the first religious group to get kicked out under the new rule, and they filed a lawsuit. Justice O'Connor made a somewhat giggle-filled comment, ""The issue presented in this case is whether a resolution banning all 'First Amendment activities' at Los Angeles International Airport (LAX) violates the First Amendment."
The Court unanimously ruled LAX's ban on all 1st Amendment speech violated the 1st Amendment. No shocker there.
For more information and to see other funny Supreme Court rulings, see: http://www.cracked.com/article_19147_5-awesomely-sarcastic-supreme-court-decisions_p2.html#ixzz1KGhXoA5n
This is my first blog ever, so it will most certainly be a work in progress and a learning experience. I created it for my 1st Amendment in the Digital Age course at the UND School of Law. I guess time will tell if I continue to blog after this.
Friday, April 22, 2011
Monday, April 11, 2011
1st Amendment Remedies: The Glenn Beck Story
Last week, Glenn Beck and Fox News announced they would be parting ways sometime later this year. The controversial host has said outlandish things like how President Obama is a racist, 9/11 families complain too much, and the Egyptian Revolution is really an attempt to establish a new world order, known as the "Caliphate."
Prior to this year, Glenn Beck had somehow managed to obtain a massive audience and following. However, since his antics and theories evolved from fringe to potentially certifiably crazy, his audience left in droves. In the past year Beck's audience dropped drastically: 29% overall and 35% among 25-54 year olds. Hundreds of advertisers refused to have their products shown while his show was on the air due to his hateful speech.
I contend that this is exactly what the First Amendment was designed to do. We, as a society, allowed Glenn Beck's ideas to flow freely out into the market place of ideas. Initially, when this country was struggling and jobs were hard to get Glenn Beck's messages echoed a growing frustration. But as the economy began to recover and people started to return to some level of normalcy, Beck's incoherent, chalkboard drawn-out delusions did not carry weight. People turned the channel. His ideas failed. Fox News saw the writing on the wall (pun intended) and had to break it to Beck that his time was numbered. They cordially came to an agreement on departure, but one cannot help but notice why he is leaving. Less and less people were accepting of him in the free market place of ideas.
No doubt that Fox News is still a powerhouse drawing in the most prime-time news watchers. Fox News did the right thing if they want to stay that way by eliminating a voice that was not only losing potential sponsors, but was also costing America air-time that could be filled by a more well-reasoned voice.
1st Amendment remedies... sure sounds better than talking about actually killing Michael Moore, which is what Glenn Beck said he wanted to do to Mr. Moore, who has wildly different political views than him.
For more information on Glenn Beck's departure: http://www.bloomberg.com/news/2011-04-06/glenn-beck-leaves-as-fox-host-for-new-role-with-news-network-1-.html
Prior to this year, Glenn Beck had somehow managed to obtain a massive audience and following. However, since his antics and theories evolved from fringe to potentially certifiably crazy, his audience left in droves. In the past year Beck's audience dropped drastically: 29% overall and 35% among 25-54 year olds. Hundreds of advertisers refused to have their products shown while his show was on the air due to his hateful speech.
I contend that this is exactly what the First Amendment was designed to do. We, as a society, allowed Glenn Beck's ideas to flow freely out into the market place of ideas. Initially, when this country was struggling and jobs were hard to get Glenn Beck's messages echoed a growing frustration. But as the economy began to recover and people started to return to some level of normalcy, Beck's incoherent, chalkboard drawn-out delusions did not carry weight. People turned the channel. His ideas failed. Fox News saw the writing on the wall (pun intended) and had to break it to Beck that his time was numbered. They cordially came to an agreement on departure, but one cannot help but notice why he is leaving. Less and less people were accepting of him in the free market place of ideas.
No doubt that Fox News is still a powerhouse drawing in the most prime-time news watchers. Fox News did the right thing if they want to stay that way by eliminating a voice that was not only losing potential sponsors, but was also costing America air-time that could be filled by a more well-reasoned voice.
1st Amendment remedies... sure sounds better than talking about actually killing Michael Moore, which is what Glenn Beck said he wanted to do to Mr. Moore, who has wildly different political views than him.
For more information on Glenn Beck's departure: http://www.bloomberg.com/news/2011-04-06/glenn-beck-leaves-as-fox-host-for-new-role-with-news-network-1-.html
Tuesday, April 5, 2011
Although Constitutionally Protected, Speech Has Consequences: Quran Burning
Last month, a whacked out Floridian "pastor" burned the Islamic holy book, the Quran, after putting it on a mock trial. This event was deemed newsworthy by some and the news traveled to Afghanistan, where U.S. servicemembers are putting their lives at risk in defense of our great nation.
Once the news reached the people of Afghanistan, thousands went out in the street to protest. These protests got violent and ended up resulting in the deaths of over 20 people. Beyond that, these protesters now have yet another reason to try and kill U.S. servicemembers who are deployed there.
Some Senators have thought about taking action against this pastor, but as we all know there is very little chance that can be done. As Jack Cafferty states, "It's not clear he broke any U.S. laws, just the law against stupidity."
Although this speech may be protected, I think it serves as a grim reminder that although our words may be protected, we have a personal duty and responsibility to try and utilize our First Amendment rights in a way that best serves not only our society, but the world at large.
For more information on the Quran burning issue, please go to: http://www.cnn.com
Jack Cafferty's Blog on the issue: http://caffertyfile.blogs.cnn.com/2011/04/04/should-anything-be-done-about-the-pastor-in-florida-who-burned-the-quran/?iref=allsearch
Once the news reached the people of Afghanistan, thousands went out in the street to protest. These protests got violent and ended up resulting in the deaths of over 20 people. Beyond that, these protesters now have yet another reason to try and kill U.S. servicemembers who are deployed there.
Some Senators have thought about taking action against this pastor, but as we all know there is very little chance that can be done. As Jack Cafferty states, "It's not clear he broke any U.S. laws, just the law against stupidity."
Although this speech may be protected, I think it serves as a grim reminder that although our words may be protected, we have a personal duty and responsibility to try and utilize our First Amendment rights in a way that best serves not only our society, but the world at large.
For more information on the Quran burning issue, please go to: http://www.cnn.com
Jack Cafferty's Blog on the issue: http://caffertyfile.blogs.cnn.com/2011/04/04/should-anything-be-done-about-the-pastor-in-florida-who-burned-the-quran/?iref=allsearch
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