Crying censorship?

[Bryan Wildenthal]

> -----Original Message-----
> From: Tom West [mailto:tomwest at ACAD.UDALLAS.EDU]
> Sent: Monday, June 12, 2000 3:02 PM
> To: CONLAWPROF at listserv.ucla.edu
> Subject: Boy Scouts and freedom of association

....

> Today, many people agree with the Scouts but are afraid to
> admit it. They correctly fear retaliation from the new Moral
> Censors of our time.
>
> Tom West
>
> Thomas G. West
> Professor of Politics, University of Dallas and
> Senior Fellow, The Claremont Institute
> 1845 E. Northgate
> Irving, TX 75062
> 972-721-5278

I am moved to add, in response to Professor West's posting, the additional
comment that in my view it is unfortunate that so many groups and
individuals in America are so quick to cry "censorship" when they are faced,
not with real censorship in any properly understood sense, but simply
criticisms of their expressed views by others exercising the same First
Amendment rights.  Freedom of speech and philosophy does not (and cannot)
equal immunity from criticism for one's speech or philosophy.

Examples are legion:  "Dr. Laura" is properly called to account for her
ignorant and obnoxious views, and the possibility is raised that a private
TV network might choose to exercise its FA right *not* to broadcast her
inane show, and she whines "censorship" (and even some gay rights groups are
too timid to actually call for the show to be cancelled -- not censored by
the govt, mind you, but cancelled by the private network that had no
obligation to run it in the first place).  Holocaust deniers are refused
permission to run ads in independent student newspapers, and they whine
"censorship" (and even sometimes bamboozle well-intentioned but naive
college students into thinking they must provide a platform for such noxious
speech).  Church dogmas (and related stances on political issues taken by
religious leaders) are criticized on their merits, and such churches and
religious leaders cry "anti-religious bigotry" or "intolerance" of their
views.

I think this tendency carries the same danger taught in the time-honored
story of the boy who cried wolf.  It muddies analysis and blinds us to real
censorship when it happens.

I find it refreshing when individuals are forthright in stating the anti-gay
views that are still (as Professor West notes) very common in our society,
because the merits of such beliefs can then be more easily challenged in the
light of day and the arena of free debate. But I think one reason such views
are expressed less often these days is because there is more recognition of
how harmful and lacking in reasoned support such views are, and because
there are more of us ready to vigorously criticize and refute such views
(which for centuries went mostly unchallenged), rather than because of any
well-founded fear of "retaliation" or "censorship."

Bryan Wildenthal, Thomas Jefferson School of Law