Dr. Laura, Sarah Palin, and the fight over free speech

Commentary on the controversy of Dr. Laura Schlessinger and her decision to end her radio show after using a racial epithet. -SM

Yahoo! News

August 20, 2010

By Ken Paulson

In the wake of Dr. Laura Schlessinger’s decision to end her radio show after repeatedly using a racial epithet, she’s spent quite a bit of time talking about freedom of speech. “I want to regain my First Amendment rights,” Schlessinger said, contending that special-interest groups were limiting her freedom to express herself.

Sarah Palin jumped in and tweeted, “Dr.Laura: don’t retreat … reload! (Steps aside bc her 1st Amend.rights ceased 2exist thx 2activists trying 2silence”isn’t American,not fair”)”

That was soon followed by a second tweet:

“Dr.Laura=even more powerful & effective w/out the shackles,so watch out Constitutional obstructionists. And b thankful 4 her voice, America!)”

Have Dr. Laura’s rights been trampled? Are her critics undercutting the Constitution?

[Photos: See more of former Alaska governor Sarah Palin ]

The answer can be found in the First Amendment itself. Though Palin speaks frequently of the need to protect the Constitution and elect politicians who understand it, in this case she is misreading the amendment and how it works.

Here are five facts about Dr. Laura and the First Amendment:

The First Amendment protects us from the government, and not from other Americans who disagree with what we have to say. “Congress shall make no law” — the first five words of the First Amendment — say it all: No government body can limit our rights to speak out. In this case, there’s no government action, just public outrage and pressure.

Boycotts are also protected by the First Amendment. Dr. Laura complains about being “bullied” by those who might pressure her radio affiliates or advertisers, but boycotts are a time-honored use of the First Amendment to address perceived wrongs and have played a role in virtually every social movement in American history.

Efforts to punish controversial speech comes from the right and the left. It’s true that liberal organizations are attacking Dr. Laura for use of the racial epithet, just as conservative organizations burned Dixie Chicks CDs when Natalie Maines told a London audience that she was embarrassed that President Bush came from Texas. Politicians and interest groups of all stripes consistently seek to limit the other side’s free speech.

The marketplace of ideas and the marketplace are different things. We tend to take a romantic view of a nation in which we’re all free to speak, which thereby enriches “the marketplace of ideas.” In the marketplace, however, economic rules apply. Controversial comments can be rewarded with a growing audience or punished by unsettled advertisers. Speech is free; airtime is not.

Dr. Laura’s First Amendment rights are alive and well. Although she’s leaving her radio show, she says she’ll continue to share her views through public speaking, TV interviews, in print, online, and in a new book due in January, all made possible by the First Amendment.

One Comment

  • I am so happy that the ugly (inside and out) crazy old gym teacher reaped what she had sowed. She could have gotten her argument across by saying “N word” and not using the word and by not saying “don’t NAACP me” but like Michael Richards AKA “Cosmo Kramer”,she ends up the the trash heap of history, a history of her own making. I am so happy that the free market AKA sponsors started to pull their ads (I guess they were exercising their free speach) and she finally realized that she was just another “run of the mill gabby” and her days were numbered. She realized that she was not as smart as she thought she was, finally!

    The problem with Palin is the same when she mistakenly referred to Ronald Reagan Eureka College, being in California and we all know its in Illinois, same thing, she does not fact check anything she is going to say. She is soooo Palin!

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