Day: August 8, 2003

I’m not trying to single out one poster on the earlier censorship thread, but I just see the following so often that I’ve actually already written a column on it and I think it worthwhile to rectify it here. The poster stated:

BTW, the US Supreme Court has pretty clearly stated that things like shouting “fire!” in a public place or inciting violence are not protected speech.

No. The Supreme Court never said that. You can shout “fire” in a public place…providing there’s a fire. What Oliver Wendell Holmes stated was that the First Amendment would not protect someone who FALSELY shouted “Fire” in a crowded theater in order to start a panic.

What is often glossed over is that Holmes’ oft’ misquoted statement was part of a decision that supported a staggeringly grotesque abuse of free speech. Holmes’ statement came about because of “Schenck v United States” (1919). Charles Schenck, secretary of the Philadelphia socialist party, distributed a pamphlet to draftees stating that, in his opinion, the draft was a violation of the anti-slavery 13th amendment and that, if they agreed with him, they should seek redress of the law. That was all he did. He didn’t urge violent reform. He didn’t cause a panic. To the best of my knowledge, he didn’t even convince one person to avoid the draft. But for his “crime,” he was found guilty under the Espionage Act of 1917 and sentenced to FIFTEEN YEARS IN JAIL. Nor was that the maximum sentence: He could have gotten up to twenty years and a $10,000 fine.

Nor was he alone. Hundreds of people were arrested, tried and jailed under that Act, some for doing nothing more than making speeches protesting the US getting involved in the World War.

Schenck’s case was appealed to the Supreme Court and, horrifically, they supported the findings. Holmes, writing the majority opinion (in which the “fire” analogy was used) felt the government was within its rights–at time of war–to jail dissenters since they presented (and here was the first use of the phrase) “a clear and present danger.”

Oh, and the Espionage Act is still on the books. Nixon tried to use it to jail Daniel Ellsberg for leaking “The Pentagon Papers.”

So Americans may want to think twice about trotting out that Holmes quote when they consider that it had nothing to do with theaters, fire, or panic, and instead was used to buttress the depriving of Americans their freedom simply for speaking their mind.

PAD

1) BILL MUMY: Would change state song to “Fish Heads” and force all reports about latest crises to be preceded by the words “Danger! Danger! Warning! Warning!”

2) LINDA HAMILTON: Only person in the world who was actually able to beat Arnold definitively. Would demand resignations of useless staffers by saying “You’re terminated, F*cker.”

3) HARLAN ELLISON: He might not win, but my God, the campaign speeches and debates would be worth the price of admission.

4) ALEX TREBECK: Dude’s got all the answers.

5) STAN LEE: Anyone who came up with “With great power comes great responsibility” certainly has his priorities in order. Would solve fiscal problems by sponsoring $5000 a plate dinners featuring Pamela Anderson pole dancing.

6) GEORGE TAKEI: Has genuine political experience and, as experienced helmsman, can successfully steer state to safety and away from giant amoebas. Would definitely require Walter Koenig as lieutenant governor.

7) JENNIFER LOPEZ: Would keep her out of movies.

8) RON REAGAN, JUNIOR: Father/son connection could position him for eventual run at White House, making him the first president ever to dance around on “Saturday Night Life” wearing jockey shorts.

9) RICARDO MONTALBAN: C’mon. Seriously. How cool would that be?

10) GENE HACKMAN: Proposed the only truly workable plan for solving California’s problems: Sink the dámņëd state with a carefully placed 500 megaton bomb, make a killing in real estate, and start over. In the spirit of democracy, would hold special vote to determine whether Marina del Lex, Luthorville, or Otisburg would be new state capital.

PAD