Bobcat Love's Sense of Shame
3/23/2022 12:09 PM
At this juncture the major threat to the First Amendment comes from the left. Denying First Amendment rights is what cancel culture is all about. I'm not going to get into an extended argument with you on this subject, but that's my assessment; you and your fellow travelers on BA are welcome to disagree and disagree vehemently. That's what freedom of speech is all about.
For your further edification, here's a brief synopsis of the absolutist position on the First Amendment developed by Black and Douglas. There are some differences between the two. Though I admire both of them for their First Amendment advocacy, I probably tend to side more with Douglas' interpretations and arguments at the points that the two diverge in their opinions. In the vast majority of First Amendment cases, though, they were on the same side, often with virtually identical reasoning. I apologize ahead of time for posting a link to an MTSU site:
https://mtsu.edu/first-amendment/article/887/absolutistsThe reality is there are threats to the First Amendment from all sides.
That you think the major threat comes from one side just shows the partisan lens you're viewing this through, and how unserious you actually are. That you quote Holmes, Black and Douglas with a straight face and absolve your own party of their role is nothing but hypocrisy. You can dress it however you want, but the reason you so desperately want to avoid "an extended argument" is because whenever we have an extended argument your views don't stand up to scrutiny.
Your absolutism and insistence that the major threat comes from the left is rooted in Conservative grievance. You view yourselves as victims, and therefore are willing to overlook your own attacks against the First Amendment.
The hypocrisy runs deep. Not only does the Right gleefully participate in "cancel culture" themselves, but they then try and legislate away ideas they don't like.
It's "cancel culture" when directed at a member your tribe, but it's not when the target, is say, Colin Kaepernick or Kathy Griffin. It's not "cancel culture" when Conservatives try and have the author of the 1619 project removed from an academic chair because of her ideas, or try and have Jemele Hill fired. That the Right participates in cancel culture, while insisting it's only a phenomena of the Left is evidence of the lack of principle driving this. It's just culture war and victimhood, on both sides.
Where the Right ups the ante is in how they use the power of the state and legislator to bad ideas that scare them. Which party is using the power of the state to ban ideas that scare them like Critical Race Theory? Which party is passing "Don't say Gay" laws in Florida? Which party punishes private companies like Delta who speak out against legislation they disagree with by repealing tax breaks? In which party's name have people been burning books over the last few months? Which party is pushing for greater government control over private companies through a repeal of Section 230? Which party has passed laws that seek to curb peaceful protesters? Which party passed "Blue Lives Matter" bills? Care to examine the content of those bills through the lens of the First Amendment?
The Left uses intense social pressure and "cancel culture" to suppress ideas. It's abhorrent. The Right's chosen to fight fire with fire and does the exact same thing. They also happen to use the power of the state to fight their battles too. Surely a "First Amendment Absolutist" like yourself understand why one of those things is different than the other.
The Right's become so obsessed with culture wars and that they can no longer view anything outside of that lens, and have unwittingly lined up behind a group of legislators who are trying to legislate away ideas they don't like.
And because you don't like the ideas either, you'll defend that action while continuing to insist you're a staunch advocate of the First Amendment.
You're not anymore. And either is your party.