Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Thomas Paine said it best;
He that would make his own liberty secure, must guard even his enemy from oppression; for if he violates this duty, he establishes a precedent that will reach to himself.
Thomas Paine
US patriot & political philosopher (1737 - 1809)
One of Thomas Jefferson's many quotes on understanding the Constitution;
On every question of construction carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates and instead of trying what meaning may be squeezed out of the text or invented against it, conform to the probable one in which it was passed." --Thomas Jefferson to William Johnson, 1823. ME 15:449
I think Jefferson's quote is evidence that from almost the begining the begining of our country there have been men who would change our constitution to their vision rather than to follow it's intended vision, and nothing has changed since then.
We still have politicians seeking to change the meaning of the constitution to fit their views rather than to accept the vision of the founders.
Gun Control advocates reason, well we're not really infringing on the right of the people to keep and bear arms, but they are, in the spirit of the constitution they are.
The freedom of speech is about to come under attack, some of the most powerful politicians have expressed the desire to ressurect the fairness doctrine.
The fairness doctrine would require radio stations to air equal time to both sides of an issue.
Which of course they and their supporters reason is not really an "abridging" of our freedom of speech, but it is, in the spirit of our constitution it is an "abridging" of our freedom of speech.
I repeat Thomas Paine;
"He that would make his own liberty secure, must guard even his enemy from oppression; for if he violates this duty, he establishes a precedent that will reach to himself."
And urge all who read this to follow the link, tell your representatives that you do not support the ressurection of the fairness doctrine.
Freedom of speech


Comments: 69
----Euripides
----Benjamin Franklin
----M. Grundler
----Friedrich August von Hayek
----Eric Hoffer
----Charles Evans Hughes
----Hubert H. Humphrey
----Yoshimi Ishikawa
"Our liberty depends on the freedom of the press and that cannot be limited without being lost."
"No free man shall ever be debarred the use of arms."
----Thomas Jefferson
What is particularly galling is those on the Left ... and it IS the Left that needs the Fairness Doctrine to foist their America-hating rhetoric on the rest of us ... because those views can't compete with mainstream conservatism in the marketplace of ideas. Air America is a perfect example. Launched as a Liberal counterpoint to Rush, Hannity, et. al., AM was a horrendous failure because it could not draw an audience outside the low single digits (in term of market share).
Why was that? Because the thoughts spouted were so idiotic, nobody wanted to listen to it. So, their only recourse is to mandate people listen. That's not freedom. That's authoritarianism and it has no place in this country.
I couldn't agree more David.
Thanks
When broadcasters take licenses, do they not accept the authority of the federal government’s rule-making FCC?
But, why do broadcasters need licenses issued by the federal government in the first place? What justifications are there?
Or is it that couched here is a worry and a concern over, namely resentment towards a possibility of having to further compete in a limited marketplace of ideas and images Liberty commands?
"Government, even in its best state, is but a necessary evil [and] in its worst state, an intolerable one." ~ Thomas Paine
They may as well rewrite and take that part out because, in too mamy cases, it's completely ignored anyway.
The fact that religion was the first thing mentioned in these freedoms listed is so significant. It's part of the proof of how important religion was to the Founding Fathers. This initial idea of separation of church and state is linked to the letter of Jefferson to the Danbury Baptists where the phrase was first coined. It has no place in the Constitution. It simply is not stated, nor is such implied.
If you read herein, you will see what happened. "Given the gravity of the issues involved in the debate over the wall metaphor, it is surprising that so little effort has been made to go behind the printed text of the Danbury Baptist letter to unlock its secrets. Jefferson's handwritten draft of the letter is held by the Library's Manuscript Division. Inspection reveals that nearly 30 percent of the draft -- seven of 25 lines -- was deleted by the president prior to publication."
I don't know whether you've seen my recent articles, Dan, but researching them, I came across a couple of letters that Jefferson had written in defense of himself as a Christian since he was being painted as other than such. This explanation goes right along with my findings.
The letter to the Danbury Baptists was written so that there would be no proclamation for mandatory prayer and fasting as it had been in England. Thr prior Act for Establishing Religious Freedom, written into law by Jefferson in 1786 was to be no way negated by this letter to the Danbury Baptists.
It's a little complicated to go into fully here, but I do plan to write a separate article about Jefferson when the 3rd part of my series is finished, and I will include how the separation of church and state has been misconstrued and used by secularists to unconstitutionally promote their agenda, something never intended by Jefferson.
As for the Fairness Doctrine, I feel if they kill talk radio and political shows they are killing freedom of speech and that would be unfair.
If you can justify in the first Amendment restrictions upon speech for gays then you can temporize anything, including the right to bear arms.
BTW the Fairness Doctrine does not impede the free speech of anybody. It merely prohibits he who has the most money from dicating what is "fact," and what is not. For example, say a President wishes to make war unprovoked upon a country and makes claims again and again and again that have slight if any base in fact and those facts aquired in suspect or patently illegal ways, is not the electorate disenfranchised by lack of credible opposing view? If we are to be the prime motivators in a Democracy and our "public opinion" determiner of what a government are we not best served by the government structurally devised to provide us with all sides to a debate?
As pointed out, the opponents of Fairness are the "created reality" crowd of the RW. The proponents are those who wish the people to think for themselves.
Sue, you represent that quintessent Rovian neo-con: Truth is whatever falsehood repeated long enough, loud enough and often enough. If God was a Republican what sort of credit and accuracy would you give the Bible?
You are jousting with windmills.
Some Democrats have crept so close to communism it's scary.
People like Sam (above) personify the threat these people present, wrapping their state-controlled-liberties concepts in innocuous terms.
It's like wrapping a scorpion in cotton candy.
I will joust with windmills until I can stop the winds of untruth that make them spin, and none of your deceitful comments taken out of the context of the truth will stop me.
I don't listen to talk radio, but any attempts to return to what is basically government control of the type of content is dangerous to me. What is sometimes thought of as good ideas at the time, don't always make good law.
Thanks.
Truth is none other than what it is and, when people distort it, no worthy purpose is served and the people are continually the losers.
Sam C., Nov 21, 2008, 9:28am EST
I'm unclear as to how this relates to the topic of the article; i.e. the Fairness Doctrine; but, if Dan will permit, I'd like to point out to you Sam that gay and lesbian couples already have a right to Free Speech,as we are all witness to on a regular basis with the MSM's gay marriage coverage. These couples also already have a right to cohabitation, a right to enter into mutual contracts for the purchase of property, Powers of Attorney, et. al. They can form a life-long binding relationship under current law.
What they can't do is call themselves "married" in the eyes of the State. Massachusettes and Rhoade Island (or is it Connetticut? Well, another one of those Liberla Northeastern Hell-Hole States.)
Marriage has a definition and the definition precludes its application to two people of the same gender. The term "Race", as it applies to homo sapiens, as a precise dilineation as well. A native of Sweden, with two purely Nordic parents can not be defined as an Asian. Likewise, a homo sapien with an X and a Y chromosome is a male, even if he undergoes a dickectomy.
The bottom line is words mean things ... they have definitions for a reason. Those definitions are set for a reason, so there can be consistency ... predictability ... in our lives.
All of that is to say, don't try to conflate the two issues. They are unrelated
David, why do you insist on making an ass of yourself?
Limiting marriage to a particular sex is sexual discrimination (and hateful).
That is not logical.
If someone's radio program appeals to a large segment of the public and is more financially successful than others, we can then isn't he/she serving the public more than less successful programs? Why are you opposed to letting the people decide what programs should be on radio and TV?
If the government can decide what is "fair" in any communication medium, then the government has the power has the power to restrict free speech. That is why the founders needed the explicit statements of the Bill of Rights to protect the God given rights of the people from government. So, the demagogues in government can verbalize all of the "fairness", "local emphasis", "public airwaves", and "broadcast licensing agreements" they wish, but the issue is the right to free speech by "we the people".
If the government tries to limit any speech on any airwaves for any reason, except for those few exceptions allowed by the people, then we must have a revolution in this republic. We must, because government will never decide that speech critical of the government is "fair", and the people can never accept regulation of their speech if they wish to remain free.
I'm sure we've all seen the news clips of the Prop 8 protestors smacking the cross out of the hands of the old lady supporting Prop 8 and yelling obscenities and other threats in her face. I have to ask you Fairness Doctrine backers (Sam) ... why are you not standing up for her right to express her views without the intimidation of the angry mob?
Were they being "fair"? Were they being respectful of a legitimate opposing viewpoint being expressed in a public forum?
Again, it appears to me that those expressing this dire need for the return of the Fairness Doctrine are only interested in "fairness" when it relates to their point of view. They seem to believe that opposing views can, and should, be stifled.
When ignorant asinine statements are made, they must be challenged. If your IQ were higher than mine, you would see that David's statement was ignorant at best, and a display of stupidity at worst.
I think the more ignorant people are to what they have, the more willing they are to trade freedom for things of much lesser value. It's sad when you look at all the people in our history who have gave their time, money, and even their lives to gain and preserve freedom for future generations--and then you look how some people treat their own freedom and the freedom of others. It's not everybody in the country, but it's a significant number of people.
Having lived in that region for 10 years on two seperate jaunts, ignorance doesn't apply; and speaking only for myself (Randy can defend himself) I'm certain my IQ is on a par, if not exceeding yours, therefore, stupidity isn't something someone in your position should be throwing around so cavalierly.
In any event, what does your screed have to do with the topic of the article?
There is nowhere else in this country that offers more than the northeast, IMHO.
I am not bashing other areas, although I could stoop to your level and do so.
"Things were definitely better when the Fairness Doctrine was in force - not because there were liberal ideas expressed but because there was honest news being reported."
Then you must really be upset about Fox News Channel huh Joe.
Patricia,
Thanks and your right our young people are not exposed to this or it is extremely filtered to the point of corruption and propaganda but what's worse is that they don't get it in higher education either, they get the exact opposite.
Go take a look at this site;
http://indoctrinate-u.com/
or this site;
http://www.expelledthemovie.com/
Our children/young people are told you can think any way you want have any opinions you choose......as long as they are the same as ours (liberal agenda)
Sue,
Have you seen this Thomas Jefferson reference?
http://famguardian.org/Subjects/Politics/ThomasJefferson/jeffcont.htm
A lot of information on the words of President Jefferson.
You might enjoy watching the cable BBC America station for its news. I doubt that you will find it leaning politically.
Good banter here tonight.
It's call choice Joe!
Turn the DIAL!
See with those on the left it's that right wing radio is on at all, as I doubt that you ever really listened to conservative radio anymore than you watch FNC today it's just the idea that conservative radio exists at all that has you so concerned.
We have far less choices since the suspension of the Fairness Doctrine. How old are you? Anyone old enough to remember knows that this is true. Radio is a joke, today.
That's your own biased perception of the issue not a reflection of fact.
David B: What is it about a informed electorate that you find threatening? There is no attempt by proponents of the Fairness Doctrine to restrict the speech of anybody. In the only SCOTUS ruling on it, 8-0 in favor, Justice Byron White wrote: "A license permits broadcasting, but the licensee has no constitutional right to be the one who holds the license or to monopolize a radio frequency to the exclusion of his fellow citizens. There is nothing in the First Amendment which prevents the Government from requiring a licensee to share his frequency with others.... It is the right of the viewers and listeners, not the right of the broadcasters, which is paramount."
If your contention that the market has spoken and the majority favors the RW propaganda on its own merits then the effect of opposing viewpoints would cause no disappation of the RW message. So there is no harm in making such viewpoints part of the political landscape. Certainly we all wish a voter make the most informed choice possible. Of course if you think that the informed voter might vote against the RW propaganda then I could understand a drive to do anything to stifle it. But, that the point of the RW objection, correct?
Violence in political demostration is not "Democracy." I do not support it. THe blazing hipocracy of someone holding a religious symbol on a secular matter is idiotic and out of place but does not warrent violence.
You contend words mean things. I agree. Words like "white only" and "colored only" and "seperate but equal" and "no Irish need apply" mean denial of civil rights to minorites
by majorities attempting to project arbitrary value systems. Marriage is a word too. If your Church of the Narrow-Minded Conservative wishes to sanctify the union of only those who posseses the appropriate organs by your definition and on private ground, so be it. Yet in the public space human rights belong to all humans and words subjectively enforced by dubious moral creed have no place. It's about the 1st Amendment of Free Speech. THe gay may define marriage anyway they please as may the straight. They need not impinge upon the rights of either.
Sue you labor to prove something that has been denied by scholars for over 2 centuries. If you can prove the unprovable then you deserve a Pulitzer, Nobel and a honored spot on Oprah's favorite books. (THe later will make you more money than the former.) But, you cannot prove it.
Sam,
This is what Thomas Jefferson was talking about when he said,
"and instead of trying what meaning may be squeezed out of the text or invented against it, conform to the probable one in which it was passed."
In the spirit of the constitution the fairness doctrine is an abridgement of the freedom of speech.
BTW all I went of the site sponsoring the petition, 125,000 signatures! Forward it to all you know.
There are clearly two schools of scholarly thought on this. That you only recognize one of them doesn't surprise me, but it doesn't make the school of thought that you do not wish to recognize any the less existent and valid.
Sue, the "two schools" are the religious seeking to validate an agenda and the secular seeking to verify known historical fact. That is why the "religious" school has never been recognized outside it's clerical realm. This same school also proclaimed the world was flat, creation is 5000 years old, dinosaur bones were buried by God as a test and there is no validity to the theory of evolution. This same school promoted the inherent superiority of the white race, imprisioned Galileo for proclaiming the earth was NOT the center of the universe and on and on. This same "school" claims the Founder were "Christian."
Pertaining to what Sam?
Do you have any contrary information that suggest that the Constitution should be interperted in a manner disregarding the framers and early citizens intent?
Sam;
I find nothing 'threatening in the leftists' screeds that some would like to foist upon the American people. Nor am I against debating anyone on the left as to the merits and demerits our our respective positions. None of that is what is at issue here.
The point behind this latest push for the reinstatement of the Fairness Doctrine is because the Leftists have found they can't comete in the commercial marketplace when it comes to selling their ideas. Rush, Hannity, O'Reilly, et al. are successful because they put out a product that millions of Americans want to listen and respond to. Those millions of ears create a commercially desirable product that advertisers are willing to pay BIG money to tap into.
Unfortunately for our leftwing brethren, all attempts from their side to market a talk format from their perspective has proven to be woefully overmatched in the commerical market, i.e. they haven't been able to compete and have gotten their butts kicked. That's not because they aren't smart people or that they don't have views worthy of being knocked down on a daily basis. It's just a vast majority of people don't want to spend three hours of their days listening to socialist schlock, therefore there's no audience for the advertisers to buy the ears of.
The marketplace determines the winners and losers, Sam. I know that's a hard thing for a die-hard Liberal like you to comrehend. But, the simple fact of the matter is most people find the Leftwing rhetoric unappealing.
Reinstituting the Fairness Doctrine will not make more room on braodcast radio for political discussions from a Leftist perspective, it will simply drive all political discussion from AM radio, because the station owners won't donate 50 percent of their air time to something they can't make money broadcasting. So, AM radio will go back to Top 40. Then the only political discussions the American people will be left with are the Left-leaning television broadcasters, and nobody is up-in-arms demanding THEY abide by the Fairness Doctrine when it means to give the Right an even break.
I'd encourage you to get all your Leftie friends together and make sure they call into Leftwing radio shows if you want more of them on the air. Heck, you now have a socialist heading up the executive branch, so it should be easy to get the enthusiasm up to do that.
Apparently you have no faith in the viability of RW talking heads. If they are challenged real time then the public loses interest, no ad revenue, no show. I don't see why. If the public is so hungry for the collective stupidity of RW talk a little informed moderation should be like a drop of rain in an ocean. You are caught in your own logical trap Dave.
The proponents of collectivism are happy to have everyone fighting each other over what are various details of life under collectivism, because this assumes a tacit acceptance of the source itself.
What we should be fighting against is the doctrine of collectivism, which is the disease itself; and not exerting all our effort to refuting the myriad symptoms that manifest from it.
In this case, the issue to be confronted is not merely which broadcasters the government "license," what programming the government should allow, and how many hours per day to allow it, etc.
The issue to be confronted is whether the government should own and control the airwaves in the first place. Whether or not requiring express permission from the government in order to broadcast programs on the air is a condition compatible with human liberty.
These are the kinds of questions that must be posed to the public, if we are to ever break the chokehold that the proponents of collectivist statism have had on this country for a century or more.
The Fairness Doctrine didn't level the playing field for the left. It meant that opinionated snobs such as what we have on radio today didn't get any air time. It meant that we had unfiltered news on the radio instead of shock jock blather. And, it meant something even more important - professional journalism. You can hardly claim that radio or FNC features professional journalism, Rex. I don't think that the left or the right matters in the grand scheme of things. What matters is honesty. It is dishonest to promote the notion that Obama is socialist when everything about his life suggests the opposite. Yet, there were these radio hosts promoting this unsupported charge. Of course, the mainstream didn't report it as such because they are still trying to be journalists first. The suspension of the Fairness Doctrine meant that journalism would no longer be respected. The nation has suffered for this lack ever since. If anything, it dumbs down the nation.
If anything Joe the people who listen to these "opinionated snobs" are more informed than those who don't and we are better off for it.
And if you look at FNC they have a greater audience of declared independents and liberals
Than any other news channel, there must be something about it that they see that you don't.
They see a valuable news source, which you can not because you are blinded by bias.
"If there wasn't that control, everybody would be creating stations on similar frequencies, and increasing power to drown out the others. It could lead to chaos without it, like eliminating traffic control signals or something, LOL."
Right. The old "chaos" canard; the most oft-used, time-tested sophism for rationalizing and justifying government control over whatever aspect of our lives they find it for their convenience to impose their will on us.
Firstly, I'm not even saying that the airwave frequencies shouldn't be owned and managed. Just that they shouldn't be owned and managed by a coercive monopoly; i.e., the government.
But in any case; do you think, perhaps, that most (I dunno, I'd say, about 99.999%?) of the people who put forth the time, energy, resources and capital, to broadcasting on radio airwaves, would want their broadcast to be heard clearly? If so, then doesn't it stand to reason, that they would refrain from broadcasting on an already-occupied frequency?
By your logic, we should have never developed something like language. I mean, no government ever legislated a language into existence, or "regulated" a language into rational development. Doesn't it stand to reason, then, that we should all be just shouting and grunting unintelligible noises at one another, with no semblance of order or rational communication?
Or could it be possible that humans are capable of coming to social order by spontaneous rational action, and it's not necessary to have one group of humans using coercive force to compel everyone to do what it is already in their own best interest to do anyway?
Joe- it's called free speech, the 1st amendment and all, even if one doesn't agree with it. I don't happen to listen to talk radio myself, and nobody has too. Newspapers, the net, magazines, etc. Where do you want to draw the line, just at radio?
Your comment is a perfect example of the point I made. You address the issue of Obama being tagged as a socialist and ignore all the rest. Did you see the interviews with the Obama voters being asked simple questions about 'who is in control in Congress?' 'Who is Nancy Pelosi?', and so on? Were those answers a product of RW talk radio. If you are so concerned about legitimate journalism why aren't you questioning why so many people voted for Obama based on negative or deceptive reporting about the opposition than hard facts about their own candidate? In reality, what does it even matter when it seems a large number of voters get their "facts" from Saturday Night Live or the Daily Show? You wanna talk about "dumbing down"? I see it more as willful ignorance based on political ideology. To paraphrase Steve Bachman; just how much control do you want to hand over to the government?
Clearly, this is a very 'intelligent" man.
A clue for the clueless, whenever you have to refer to your alleged IQ score, you have lost your argument.
What a riot.
How could voters have possibly ignored the "thoughtful" issues of the Mcain-Palin "campaign" - whcih was nothing more than months during which igorant mobs yelled "Socialist', and "Terrorist" and chanted "USA".