First, I don't have the answers to everything yet. But I do know when I am being played. So, I cant tell you how to re-write the amendment and I don't know that it would do anything.
What I can tell you is we have a problem with how we are conceptualizing free speech and free press. Its not working. Its being used to protect lies and distract us, instead of expose them. Its also taking on a strangely moralistic character that justifies revealing anything about people with no regard for the public interest. It reminded me about how they followed Britney forever and just filmed her personal issues. There was absolutely no point besides to cheer at someone's destruction. Thats all it is. You know it. Profit on misery. There was no information that related to the public's interest. But, they made a lot of money because people wanted to watch her go down. Remember when some slimy journalist got a shot up her shirt? Why did we need to see that?
The phelps story probably ruined his future and distracted us. Thats all it did. You gained nothing from it. I gained nothing from it. At a time when we have big problems, they spend time screwing him. If that is free speech then does it really matter if we protect it? Is that the freedom of the press? Can you honestly tell me that people risk their lives to start a country, fought off an empire so that one day we could celebrate the destruction of
Dont you think that it is reasonable that if they are going to ruin a big contract deal and someone's reputation, then it should be more than the celebration of misery?
Why is profiting from ruining someones reputation protected by free speech?
I can't think of why that was important? Can you? Why did we need to see that?
How does that inform you about what is in the stimulus package or some other more important issue?
I think a couple fines would really help the situation out. Tell me how it could get worse?
They show us crap and we accept it as news. That is what is killing freedom of speech and freedom of the press. How can we have freedom of speech when they give us meaningless issues to discuss? Freedom of speech implies that the speech is important to the public and relevant to common interest. That is what the people meant when they used that phrase. Revolutionaries were not really concerned with protecting gossip about some individual.
Lets look at the amendments and think about the purpose of the amendment.
Amendment I
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.
Obviously, we don't really follow this amendment in a literal way, we deduce from the language, as well as the context in which it was written, the meaning. All legal/constitutional documents and writings are living documents, and mutually inclusive. That is to say, they are taken as a body of work that has internal contradictions and that those internal contradictions are balanced via a case specific decisions and hierarchical courts.
Now, lets look at another amendment.
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
It is the end of this amendment that protects us from being abused before a criminal trial is completed. This amendment was specifically designed to protect people from powerful organizations (religion, at the time) that might seek to do harm, or be a form of extra-judicial punishment. Basically, this amendment was an attempt to create a legal body, that inflicts punishment, only after the conclusion of a criminal case.
Our criminal justice and governmental history (western) is ripe with problems relating to powerful organizations whose message had a mass audience and used the "court of public" opinion to stigmatize and punish peoplet(witches/sexuality/birth control/divorce/family structure/marriage). The bill of rights did not appear out of thin air, it was conceptualized within this social, cultural, and historical context.
The specific language (constitution) is less important than the intent of the amendments. The language of the amendments is weak because society changes, expressions and meanings change and therefore if we use the words to "speak for themselves" that speech becomes bastardized.
For a specific list of some of the high courts rulings that pertain to this argument as well as the dangers of inaction see.
http://www.stayfreemagazine.org/archives/17/freespeech.htmlIn terms of the idea that the things presented on the idiot box are protected by free speech, that is the exact opposite of the intent of free speech. Free speech is for the individual, it is not for organizations who can quickly stigmatize and create feelings of hatred. Regulations such as liable and slander apply to them. Freedom of the press was not intended to ruin peoples lives and block economic prosperity unless it came at the cost of the public. Freedom of the press was intended to criticize powerful organizations and inform the public of their actions, because they affect our lives in a direct and concrete way. This is where the concept of newsworthy comes from. While I am familiar with legislation and ruling as well as the practical implications of addressing these issues, the conventional wisdom is bankrupt. I recognize the power of the courts, but refute the legitimacy of their rulings because they strip the heart of our rights away and leave behind a shell of words. These protections were not designed or intended to protect an organizations actions when they broadcast peoples personal dirt and ruin their lives. It was also not to protect them from repeating lies mixed with the same words, over, and over, and over to create negative feelings about weak groups. All day, everyday, immigrants, minorities, whores, druggies, welfare queens, non-christian, big government (which is code for socialism), handouts (which is code for the poor), terrorist, etc. Freedom of speech is about debate and expression and the realization of common interest and better ways of doing things. How does repeating the same theme's everyday and provide little accurate information and a few complete lies constitute anything but slander and liable and defamation of character. All these channels do is create feelings of hostility among the public and distract us from achieving public goals. These actions are totally against everything the bill of rights was supposed to ensure.
I'm not crazy, I know that congress is not going to pass a law to regulate the "news" media. But, I want people to think about whether the corporate news, political organizations, and politicians can say anything they want and do anything they want to people. Because, if you think about it, thats what we have in corporate news and among poli-leaders. An organization that operates with complete immunity for the things that it says. It is in no way obligated to be factual and has wide spread influence.
So, let me get this straight. Most of you here at DU are well aware of the history of these 24 hour corporate news networks. They have basically never been correct on a single major issue since they started in the late nineties. But you are going to accept the idea that they are still news organizations. So, if a series of news organizations misleads the country on a series of really big issues for about 10 years, thats fine, thats free speech. So, free speech is the powerful corporations lying to us and fucking us over. I mean, we all know they are corporate owned. We all know they lie, mislead, and distract. If that is the low bar that we consider free speech and freedom of the press then have we fucked up. I mean, you do realize that it was supposed to have the opposite effect, right. They were supposed to help us. They are supposed to cut through the lies, not repeat them. Can you honestly say that they serve a purpose besides to lie about any topic that is populist.
Either they are scream at each other and name call or show us some drunk celebrities ass or a personal failing. So, thats free speech. Wow, well have fun with your free speech. Wait, isn't free speech supposed to be a good thing. You ever think that maybe they are using the idea of free speech to lie and distract us? Where did you get the idea that less limitations of free speech always a good thing? Did you hear that on the idiot box. Does it feel good. How do like living in a country where you leaders and news hosts call you names and encourage your neighbor to hate you. You liberal, you right-winger. I'm tired of leaders and the news personalities profiting off of hate and someone's personal mistakes.
I got news for you, that story
I am so sick of turning on the news and hearing the word liberal with a nasty tone and twisted face. Over and over and over. Thats not news, thats classic conditioning. There is no information, folks, words are not information in and of themselves. Speech implied truthful and accurate information that was important for the public. When they wrote the first amendment, thats what free speech and press referred to. Free speech and free press were supposed to cut through the lies. They have convinced us that, even though they are massive liars, they are protected because they are speaking and have labeled the program news. Are we that stupid. All they have to do is keep talking and put the word news in front of whatever they say and then anything is fair game. I know I am the only one because I try to talk to others about this a lot but, it is so fucking obvious. We are getting played. They are using the notion of rights and the other protections in the constitution to spread propaganda. We live in a country were money is somehow a form of free speech, even though we know it blocks the goals of free speech. Corporations have legal person status and the some of the rights of humans. So, basically, the powerful can tell us that a cat is a dog and we will sit here and agree. Yep, that corporation is a human and the end result is that they can do more then before the had legal person status.
Personally, I believe that showing us a pix of this dude just as he is about to land a contract criminal slander, and liable, defamation of character as well as denial of liberty and the pursuit of happiness. They knew damn well that he was going to be screwed. This dude worked his whole life at being a swimmer and in 5 days they will ruin his future. What you want to bet, if he tries to go to the back and compete they start talking about him again and the bad press screws him from competing.
The more I think about it the crazy I think all of you are. I said that putting a picture on the TV that will fuck someones job up should be legal and you guys accuse me of wanting to do away with the first amendment. That is a joke. So, let me get this straight, outlawing stories like this is bad for freedom of speech and the press. So, this story somehow provided information that benefits the public. Are you sure? Are you really trying to tell me that if we actually outlawed these stories then the news would be worse? This is good for society? This is good for free speech? It benefits and advances free speech?
A crime is not defined solely by judicial action. Bush is not going to jail, his actions are clearly criminal behavior as well as in direct violation of law.
Even if I do concede those conceptual points and accept the conventional concepts, not ever picture or idea is protected. Some pictures and ideas are considered to be illegal acts. For example, their are a host of statements that are regulated because they would cause harm to the general public. Thus, the interest of the public are considered more important than the rights of an individual to say whatever comes to mind.
Additionally, some pictures are not appropriate and are regulated because of the negative effect that they might have on a persons reputation or future. It must be more important for the public to see the image, for this act to be protected. The image must have a significant value to the population, such as the pix that revealed how brutal our treatment was of the Iraqis. Showing those pix are more important than protecting the civil rights of the people in them because of the significance they have for the population. Thus, the negative effects that the individuals suffer are not considered as important and therefore do not supersede the interests of the public.
Someone, such as phelps, who will ultimately suffer greatly by revealing this image might be a victim of harassment, defamation of character, and liable (yes that's right, not slander because liable covers images via TV or print). Additionally, this persons liberty and right to pursue happiness might have been violated. Only the future will tell. The first amendment was not about destroying a persons reputation and future earnings or career at the drop of a hat, for any reason at all. I mean, really, for hitting a bong. He should suffer such a penalty? He has not privacy rights?
What is the burning public interest behind this story? How does my knowledge of these events supersede the negative effects that he will suffer. What can I do with this knowledge? The fundamental principle behind the freedom of the speech is to advance the interests of the people, speak truth to power, and allow for a spirited debate (among citizens, in their communities, and in papers and writings that were passed from town to town). The freedom of speech concept was not intended for the idiot box, in fact, it was intended to be a tool for the person to fight back with! The founders could have have never envisioned the idiot box, but they had their own version of the idiot box. Oppressive religious organizations and public punishments. The freedom of speech concept was designed under the premise that all societies have powerful organizations are able to stigmatize individuals and groups as well as punish. These actions were and are at the expensive of the weak and for the benefit of the powerful. Fox, MSNBC, and CNN are not news organizations or the press because the content is opinion directed at shaping negative images of people, groups, or organizations. Basically, they slander, liable, and defame character for profit by stigmatizing people. They are our modern version of religious persecution and public punishments. We turn it on everyday to hear about the bad people and have their personal trash paraded through the square.
The issue of commercial speech, which is regulated for truthfulness and is presented for purposes of profit applies to "corporate news networks". Their programing, what is said and the images used, is for the purposes profit. Thus, factual content is relevant. Additionally, these networks advertise themselves as news or press organizations.