Thursday, August 01, 2002

"Hiding behind the First Amendment" As keen observers of the language used in political and journalistic parlance, we have been keeping a sharp eye on the use of the phrase "hiding behind the First Amendment".   A quick survey of the uses of this phrase shows it being used to criticize producers of violent movies, pornographers, NAMBLA, Marilyn Manson, people who have invited Al Sharpton to speak at a rally, and "mean-spirited" critics of corporations.    This unfortunate phrase is used to give the impression that there is something nefarious or sinister about reliance on and exercise of the liberties guaranteed by the Bill of Rights.  More ominous is the thought that only certain types of people should enjoy the right to free speech in this country.  Perhaps worse is the suggestion that "mean-spirited" discourse is somehow not worthy of the law's protection.  We know, though, that it is precisely those who are unpopular and out of the mainstream of society who most need the protection of the First Amendment.  6:36:44 PM    comment [] Energetic disputation on the Michigan Supreme Court Our second posted article addresses two new cases issued on July 31.  The following headline from the Gongwer News Service capsulizes these items:   "SUPREME COURT WARFARE BOILS OVER IN FINAL DECISIONS "Unrestrained venom that exposed the basic philosophical differences between Michigan's Supreme Court justices burned off the pages of the court's final three decisions of the 2001-02 session issued late Wednesday. Almost lost were the decisions themselves in the unusually rancorous writings throughout the majority and minority rulings in the cases as the seven justices split over the issue of overturning precedents and the manner in which precedents are overturned. " Things are getting contentious in this Supreme Court election year. 6:34:38 PM    comment []

© Copyright 2002 Franco Castalone. Last update: 9/1/2002; 7:11:00 PM.