Firearms Lawyer

A discussion about the law and deadly force

Stopping Hate Speech; A Modest Proposal

January 18th, 2010 at Mon, 18th, 2010 at 12:58 am by markknapp

Should there be five-day waiting periods in order to obtain background checks for unregistered journalists?  I was recently surprised to find that another amateur journalist labeled my Firearms Lawyer column as the “screaming mimi equivalent to the vile, contempatable (sic) and ignorant Glen Beck”. 

I confess that I often listen to Glen Beck, a self-professed recovering alcoholic that has, nevertheless, managed to disrupt the body politic by driving self-professed Communist and Green Jobs czar, Van Jones, out of federal employment and into the ranks of well-funded tax-exempt left-wing think tanks.

 I am alarmed that one of my colleagues would refer to me as “contempatable”.  The time has come to stop irresponsible hate speech once and for all; i.e., the kind of speech engaged in by people like Glen Beck.

Cass Sunstein is the Obama administration’s administrator of Information and Regulatory Affairs (OIRA).  Sunstein, in a groundbreaking book, DEMOCRACY AND THE PROBLEM OF FREE SPEECH, has called for a “New Deal” for public speech.  In the face of America’s traditional “marketplace of ideas” Sunstein has courageously redefined the First Amendment.

 In Sunstein’s conception of democracy, society would mandate free media time for political candidates, federal guidelines for the coverage of public issues, and curtailment of the ability of the wealthy to buy access to the media. Such proposals “would bring about significant changes in the legal treatment currently given to many free speech issues.”

 Unlicensed bloggers and laptop-toting cowboy “journalists” have little knowledge of complex societal problems.  While simplistically trumpeting their First Amendment “right” to demand vigilante-style opposition to progressive reform, such irresponsible citizen journalists ignore the fact that only those with extensive journalistic or legal experience should be able to criticize public policy initiatives like health care reform, proposed legislation to prevent gun violence and other common sense public initiatives proposed for the good of all.

 I propose that we consider registering pens and paper.  Some will accuse me of being opposed to the First Amendment.  Law enforcement officials like Mr. Sunstein need reasonable procedures, however, to track irresponsible reporting.  Don’t we require licenses for people to drive cars?  

 Fully automatic military-style rifles are already severely restricted under federal law- many states already prohibit them completely; other states even prohibit sex toys and vibrators.  Yet we have no way of keeping word processors away from the hands of criminals, children, the mentally defective and followers of despicable demagogues like Glen Beck that can spit out hundreds of misguided messages in a minute.  Stolen laptops presently are sold on the black market and even end up in the hands of terrorists and the Mexican cartels.

 The United Nations reports that there are countries like Venezuela, China and Iran that struggle in vain to block their own citizens from viewing counter-revolutionary messages in cyberspace that interfere with legitimate government policies.  The First Amendment was drafted in a different time under radically different circumstances than society faces today.  We did not even see the advent of the telegraph until the 1800s.  Mass communications with the potential to mislead millions of people did not exist until recently.

 Neanderthal “Tea Baggers” lacking a responsible value system may even take articles written by untrained “civilians” and then use their words and information against the very reforms that our government struggles to impose for the good of all of us!  Before we allow marginally trained hobbyists to introduce amateur journalistic bravado into public discussions, we need to perform a cost-effectiveness analysis.  We must weigh the cost of preventing unfiltered information to enter the airwaves and cyberspace against the unthinkable cost of allowing global programs impacting climate change to be sabotaged. 

Can we afford to relegate civilization to the influences of those with a primitive mindset and risk international catastrophes just because of an outmoded prejudice that encourages anyone to have access to such weapons of mass communication at any time and any place?  I believe in the First Amendment but I also believe in common sense and evolving community standards.  Unfortunately, the contemptible ”journalistic” attack against me by an amateur that cannot even spell  correctly (the attack that caused me to ponder the danger of unregulated media) should be the first message to be identified as aiding and abetting terrorist activity and banned from all publicly viewed news outlets.  Such views belong only on “FAUX”  news where those of us that can spell will not be subjected to such ignorant bigotry!

markknapp I was on law review at Gonzaga University School of Law and love to write. Having held the position of Associate Editor on Gonzaga Law Review is good training for writing appellate briefs (I have written a few) and is a good qualification. When I am not writing about military history, my favorite activity is educating folks as to why personal self-defense may be just as critical to our safety as national security at the federal level. Like most political and philosophical issues, security starts at home. There is something about stripping issues down to the bare essentials that makes for clear thinking on almost any subject. Studying history, religion and law will convince any fair-minded observer of the human predicament that how we regulate the use of force is nearly the most basic and indispensable element that underlies legal systems and government. Every time an errant driver is stopped by a law enforcement officer there is a potential for presentation and/or abuse of deadly force. Many defendants would not appear in court but for the fact that failure to appear may result in being forcefully detained behind bars. The manner in which we constrain our government officials, protect ourselves from reckless drivers, discourage dishonest business dealings and stop predatory criminals- all involve force that is brought to bear by government and sometimes other parties. The most indispensable element, however, is reason- often harder to define but we know it when we see it. The ability to reason clearly is the indispensable quality for a lawyer, judge or any human being. Reasoning ability underlies the manners, courtroom procedures, writing style and even the flow of paperwork with which a lawyer must deal.

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