What freedom of speech means

“I fully support our First Amendment rights. But I would love to put restrictions in it that [protesters] can’t be within 10 miles of a military funeral, not just 300 feet.”

— State Rep. Mitch Gillespie, R-N.C.


It’s really very simple. People who say they support the Constitution “but” do not, in fact, support the Constitution. I don’t know who Gillespie is, and I don’t suppose he matters much. But I thought his remark to columnist Scott Sexton of the Winston-Salem Journal was a perfect illustration of that mentality.

Sexton was writing about a piece of legislation that would ban protests within 300 feet of a military funeral. Yesterday, President Bush signed the bill, called the “Respect for America’s Fallen Heroes Act.” (Here is the official announcement.) Violators risk being fined up to $100,000 or being imprisoned for as much as a year.

As with most assaults on free speech, this one would appear, on the face of it, to be an exception that everyone can live with. After all, it is aimed at the hatemongering Westboro Baptist Church, whose members — essentially Fred Phelps and his extended family — demonstrate at military funerals to espouse their demented belief that God is killing U.S. soldiers in Iraq because America has gone soft on homosexuality.

The pain caused by Phelps and his unmerry band is real. Listen to this NPR story from yesterday. You can’t help but be moved.

But, as we all know, you don’t need the First Amendment to protect the right to proclaim the goodness of motherhood and apple pie. You need it to protect vile, hateful statements that almost no one wants to listen to.

The legal scholar Vincent Blasi tells NPR that it’s unlikely the new law will survive a court challenge. So here we go again. Congress passes, and the president signs, a popular law aimed at stamping out offensive speech. The ACLU goes to court. The courts side with the Constitution. And the ACLU, along with “unelected judges,” are cast as enemies of America. Just this morning, I received a piece of false ACLU-bashing on a private list I subscribe to. The shame is that we’ve been so conditioned by this stuff that we actually believe it.

If those unfortunate American soldiers are dying in Iraq for anything noble, I’d like to think it’s to protect our freedoms. When you think about it, it’s almost profane that politicians would choose to honor their sacrifice by limiting our freedom of expression. But it’s not surprising, is it?

Heroes and zeroes: The bill passed the House on May 9 by a 408-3 vote. Among the all-Democratic Massachusetts delegation, only Barney Frank voted “no.” Marty Meehan did not vote. The rest all voted in favor of the bill and against freedom of speech: Ed Markey, Jim McGovern, John Tierney, John Olver, Mike Capuano and Bill Delahunt.

The bill passed the Senate on May 24 by unanimous consent.

How’s that trade working out? (VII)

By popular request!

Bronson Arroyo on Monday: 7 innings, 6 hits, 1 earned run, 6 strikeouts, no walks. He’s now 6-2, and his 2.29 ERA leads the National League.

Matt Clement on Wednesday: 4.1 innings, 9 hits, 8 earned runs, 4 strikeouts, 4 walks, 1 hit batter (that drove in a run). He’s now 4-4. I don’t doubt that taking a line drive off his leg hurt his effectiveness, but the man’s ERA is now 6.31, which makes him 44th out of 49 American League pitchers.

Yes, I know the Red Sox tried to trade Clement in the off-season and no one wanted him. But isn’t that even more of a reason to hold onto Arroyo?

Meanwhile, Wily Mo Peña, the player for whom Arroyo was traded, is about to be benched, as Coco Crisp is finally just about ready to play. Wily Mo has not set the American League on fire.

But don’t worry — David Wells is back tonight.

Commenting on comments

My two cents’ worth on the “to comment or not to comment” debate, which Jay Fitzgerald captures here and here.

Glenn Reynolds once told me that he thought blog comments work best at medium-size sites. Too small, and comments are too rare to be worthwhile. Too big, and you get overwhelmed. Reynolds’ blog, InstaPundit, is ranked 14th by Technorati. Thus, if Reynolds turned comments on, it’s pretty much guaranteed that his site would be flooded with more posts than anyone could possibly read. Not much value there.

Take a look at David Corn’s site. Paging down the list this morning, I see 31 comments to one post, 109 to another, and 263 to another. Now, what good is that? When I go to Corn’s blog, I want to read what he has to say, not what’s rattling around in the brains of hundreds of other folks. There may be some wheat in there, but I can’t possibly take the time to sift through the chaff. More important, there could be some genuinely nutty, irresponsible comments. Is Corn supposed to screen them all?

Jay Rosen, who is as obsessive as he is smart, actually does take the time to sort through the comments in his PressThink blog. Once he’s posted an item, he’ll go back and write an “After Matter” roundup of reaction by other blogs and the best of his commenters. It’s got great value, but who, other than Rosen, has the time to do that? (I doubt Rosen has the time to do it, either. He just does it.)

Media Nation probably falls into the “medium size” category that Reynolds was referring to. I generally get somewhere between two or three comments or 15 to 25, depending on the topic. It’s not so tiny as to look foolish, but it’s also not so huge as to be useless. I’ve often been able to correct my posts thanks to smart commenters. Depending on how much time I have, I’ll post responses. Still, I find comments far from ideal. A few observations:

  • I don’t like anonymous comments, and would turn them off if I could. I could restrict commenters to those willing to register with Blogger, but I don’t see much point to it, since people could still post anonymously.
  • The late David Brudnoy taught me an unfortunate truth about talk radio: that the callers tend to be dumber than listeners who never call, making it a challenge for the host to keep matters elevated enough not to alienate the audience. Media Nation certainly gets its share of thoughtful, intelligent comments, and I appreciate those. But Brudnoy’s observation has obvious applicability to blogs, including this one.
  • Commenters can commit libel, issue threats and engage in all manner of antisocial behavior, and it’s unclear how much responsibility I bear legally. I can delete comments, but I can’t always do it quickly. And if I delete one comment but fail to delete another, doesn’t that somehow make me liable for the one I let go? Maybe, maybe not. I’d just as soon not find out.

My bottom-line take on all this is that a blogger’s site is his or her own, and it has to be an individual decision whether to allow comments or not. I don’t think a lack of comments reflects on a blogger’s credibility in any way. After all, if you’ve got something to say, you can always start your own blog.

Watch what you say

I meant to link to this astounding story in yesterday’s New York Times, but Jon Keller beat me to it. The lead:

The American Civil Liberties Union is weighing new standards that would discourage its board members from publicly criticizing the organization’s policies and internal administration.

The great Nat Hentoff told the Times, “You sure that didn’t come out of Dick Cheney’s office? For the national board to consider promulgating a gag order on its members — I can’t think of anything more contrary to the reason the ACLU exists.”

What’s especially distressing about this is that we need the ACLU more than ever. Also yesterday, the ACLU launched a campaign aimed at getting to the bottom of the NSA spying matter. From the ACLU’s announcement:

ACLU affiliates in 20 states today filed complaints with Public Utility Commissions or sent letters to state Attorneys General and other officials demanding investigations into whether local telecommunications companies allowed the NSA to spy on their customers.

This is vital work. Obviously, though, the organization needs to do a better job of living up to its own principles.

How about everyone’s back yard?

The fight over the Nantucket wind farm is now morphing into a turf war — make that a surf war — between the rich folks of Nantucket Sound and the working class of Buzzards Bay.

Jay Cashman, who unveiled his Buzzards Bay windmill plan earlier this week, says it would supply half the energy needs of Cape Cod. The Nantucket competition, Cape Wind, claims that its project would cover three-quarters of the energy needs of the Cape and Islands.

Gov. Mitt Romney, a Cape Wind opponent, has in the past talked about the Berkshires as an alternative.

Well, Media Nation has an idea: Why not build all three? Is there a more pressing need in this country than new sources of clean, renewable energy? Or am I making too much sense?

The crystal ball

I’m going to make a prediction. Ten years from now, the Boston Globe will be locally owned. It may be a very different paper from what it is today. It may be smaller, more locally focused, and published entirely or mostly online. But it will be bought, probably by Boston business people who understand the importance of the press and its watchdog role.

Which is exactly what happened in Philadelphia yesterday, where local investors paid a reported $562 million for the city’s two daily papers, the Inquirer and the Daily News, and their related holdings.

Given the New York Times Co.’s ownership of the Globe, it was interesting to see Times reporter Katharine Seelye’s take on the deal. Seelye devotes most of her space to handwringing over the possibility that the business interests that now control the Inquirer and the News will interfere with coverage and compromise journalistic independence. The new owners have pledged not to do that, but it’s a real concern.

But given a choice between a rapacious out-of-town chain owner that systematically strips the newsroom in order to drive up profits and local ownership that might occasionally find it irresistable to meddle, I’d take my chances on the latter. Unfortunately, the former is exactly what happened in Philadelphia, where the once-great Inquirer was marginalized by Knight Ridder. Earlier this year, the Inquirer and the Daily News were acquired by the McClatchy chain, which immediately announced its intention to find yet another new buyer.

The Times Co. has been a better steward of the Globe than Knight Ridder was of the Inquirer. But the Times Co. is, nevertheless, a profit-driven, publicly traded company (albeit one whose governing structure leaves it in control of the relatively idealistic Sulzberger family). The Globe’s well-publicized financial problems have turned the paper into a drag on profits. Will the Sulzbergers seek to own the Globe forever? I’d say no — and I’m not alone.

Update: After posting this item, Media Nation reader R.K. called my attention to this excellent commentary on local ownership by former Boston Globe columnist David Warsh, now the proprietor of a Web site called Economic Principals.

Steyn Central responds

Mark Steyn’s assistant, Chantal Benoît, has sent a response to my earlier item. I reproduce it here in full:

Dear Mr Kennedy,

I did not threaten Professor Pullum with legal action. He sent us an e-mail which was somewhat threatening and then another one 15 minutes later declaring “Your fifteen minutes is now up.” And then after I sent a polite reply he accused us of “brazen” “stonewalling”.

I am French-Canadian so I do not always understand the famous English sense of humour but it was apparent the conversation was becoming argumentative with no end of sight and that is a waste of time for all parties. So I concluded as follows:

“It is up to you whether you wish to escalate this any further. We have invited you to pursue it with Maclean’s and have offered Mark’s resignation if they agree with you. But, given the intemperate nature of your e-mails, I think it would be better if you spoke to your lawyer and we will refer him to ours.”

As you know, Maclean’s did not agree with Professor Pullum. Mark credited the Professor for the only thing he “stole” from him — the technical term for the missing definite article, which I discovered via a Welsh link to Professor Pullum’s site.

Everything else Professor Pullum and his co-writer accuse him of “stealing” are points others have made. Two of the three posts Professor Pullum claims were “plagiarized” were never seen by anyone in this office until the Professor brought them to our attention. In the most ridiculous of Professor Pullum’s accusations, he accuses Mark of “stealing” an observation on the meaning of Leonardo da Vinci’s name that Mark first made on the BBC in 1994. His co-author is now claiming Mark steals jokes from Professor Pullum. We’re happy for any scientists to arrange controlled studies with readers and random sampling of side-by-side pieces to test this proposition.

Mark did not, as you put it, “get pissed”, “get wild” or “call a lawyer”. Having worked in Fleet Street, he only gets pissed in the British sense. Instead, he offered to resign from Maclean’s if they thought the Professor’s charges had merit. They did not. But, as you know, Mark writes for a wide variety of publications from The Atlantic Monthly to Hawke’s Bay Today in New Zealand. You are a widely respected media commentator. If you wish to take up the Professor and his co-author’s accusations with the publisher and editor-in-chief of any of those newspapers and magazines and they agree with the Professor, then Mark will resign from each of those publications, too. For an e-mail or two, you can have the satisfaction of ridding the world of a notorious right-wing hack.

With best wishes to you, and thank you for your profile, about which we still receive many amusing letters.

As ever,

Chantal Benoît
Assistant to Mark Steyn

If either Geoffrey Pullum or Mark Liberman wishes to respond, Media Nation will be happy to add that as well.

Update: Jeff wonders whether I believe Chantal Benoît really exists — or, for that matter, Tiffany Cole, another Steyn assistant, with whom I exchanged e-mails in 2004. Answer: No, probably not, although it hadn’t previously occurred to me that Steyn was lame enough to engage in such a ruse. But if he actually does employ a Chantal Benoît, I hope it’s this one.

Update II: OK, that was too flip. I’ve done some poking around with Switchboard and Intelius and can report that there’s a Tiffany Cole in the same New Hampshire town where Steyn lives, as well as several people named C. Benoit who are nearby. Funny, though. Two years ago a couple of bloggers who call themselves the Brothers Judd defended Steyn, and poked fun at me, for supposedly being naive enough to believe in the existence of Cole and Benoît. So, for what it’s worth, this cuts both ways.