Infinite MonkeysMy blogging friend Paul Cella has a provocative essay on the First Amendment at TCS today. It's provocative, I think, because his argument, though old, would be considered novel today. Cella takes the original, small-r republican view of freedom of speech. He believes, in short, that Howard Stern and his ilk are getting what they deserve. Cella observes:
Someone will reply with shrill bombast by citing the First Amendment, as if the issue were beyond debate. Very well, but let him first acquaint himself with the debate as it unfolded in American history. Let him read of the history of loyal oaths and censorship in this country; and of which side usually had the upper hand and why. He can begin with Leonard Levy's The Legacy of Suppression. Let him reflect on the fact that most of the same lionized legislators who passed the Bill of Rights also passed the Alien and Sedition Acts...
One small quibble: Levy revised The Legacy of Suppression and toned down the thesis somewhat. But the point remains:
...today's First Amendment jurisprudence grafts depravity upon liberty; and puts liberty at the mercy of those most likely to abuse it and despise its authentic fruits. For who, if he really treasures Liberty, would countenance the relentless invasion of the precious liberty of the family, of which the Super Bowl half-time show was merely a conspicuous example? There is no greater liberty than that which is embodied in the mother and father who raise their children as good citizens of a Republic, in the love of the truth as that love is reflected in an ongoing public conversation or dialogue which begins with the ringing phrase: "we hold these truths."
Read the whole thing, by all means.
Update: Richard Reeb continues the discussion at The Remedy.
Posted by Ben at April 29, 2004 04:44 PM | TrackBack