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November 05, 2008
All speech is like pornography!
And libertarians don't exist! The very same people who don't want the Fairness Doctrine want the FCC [Federal Communications Commission] to limit pornography on the air.So said Chuck Schumer, in remarks widely interpreted as a comparison between talk radio and pornography. While talk radio and pornography have little in common, that's not the point. What's being concealed by the comparison is that if talk radio is like pornography, then so are blogs and the mainstream media. All speech can be regulated under the logic of Schumer's porn analogy. But what offends me as a libertarian is that Schumer is putting words in my mouth. I am against government regulation of the airwaves, period. I don't want the Fairness Doctrine, nor do I want the FCC regulating pornography on the air. This is not to say that I want to hear or see it; only that I don't think the government should have anything to do with it. I suspect I am not alone and that many libertarians feel the same way. But apparently, Schumer wants to live in a comfy world in which libertarians don't exist at all, and do not have to be acknowledged. Look, I realize that many people don't agree with the libertarian view of government regulation, or with me. But what's wrong with saying so? Is there something about libertarianism that is so obnoxious that it can't even be recognized as a point of view? Schumer continuess by saying because he is for regulation of pornography, that means everything else is fair game: I am for that... But you can't say government hands off in one area to a commercial enterprise but you are allowed to intervene in another. That's not consistent."To Schumer, who wants to regulate everything, it's not consistent. And to libertarians, who generally want to regulate nothing, it's not consistent. Perhaps he feels threatened by any consistency that isn't consistent with his consistency, but he's also overlooking the fact that pornography has a long history of being treated differently than traditional free speech (especially political speech). So has commercial speech; hence the near total ban on cigarette advertising. To bootstrap the pornography exception into a case against political speech is to torture reality, as well as the history of First Amendment law. It's one of the more demagogic statements I have seen from a public official in some time, and that's saying a lot. Is it possible that Schumer harbors hostility towards the First Amendment? posted by Eric on 11.05.08 at 11:06 PM
Comments
Yes, but fairness would require that the other side would have to be presented alongside the bestiality. Perhaps a religious leader along with a representative from PETA could issue strongly worded condemnations. Eric Scheie · November 6, 2008 11:41 AM Think the "Fairness Doctrine" would also apply to Pacifica's five FM stations (like the SF Bay Area's 33,000 watt KPFA)? How about the taxpayer-supported Corporation for Public Broadcasting? Whitehall · November 6, 2008 02:21 PM "The very same people who don't want the Fairness Doctrine want the FCC [Federal Communications Commission] to limit pornography on the air." Well, uh, yeah. Those'd be the people smart enough to realize that porn over the radio is never gonna be a big seller. bobby b · November 6, 2008 05:47 PM Was the 1st Amendment ever considered protection for obscenity or pornography before 1957? Was it considered so in 1791? Don't let your pro-porn stance (which I share) obscure the very real argument against control of political speech. My defense of pr0n restrictions would simply entail the right of parents to judge what their kids see. Of course, if these parents don't monitor their kids' friends, or let them keep a computer in their bedroom at 13, then they've abdicated a great deal of control which I should not be obligated to supply. Peter Buxton · November 7, 2008 12:39 PM Post a comment
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Since Schumer favors the Fairness Doctrine, does this statement mean he also favors pornography on the airwaves? I'd like to hear more about his plan to put bestiality in every livingroom.