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May 2005
Letters to the Editor: Brendan Ferreri-Hanberry Comments on the First Amendment
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George,

The idea of a "freedom of speech zone" is one of the most sickening insults to the First Amendment I have ever seen, even more offensive than the jingoistic ban on flag-burning or the laws permitting massive fines for broadcasters who dare to use very common *words* which some neo-Puritans fear are corrupting our youth.

It is completely beyond me how there can even be any debate on what is and is not covered under freedom of speech. the First Amendment is one of the most straightforward and clear-cut rules I have ever seen (in stark contrast to modern book-length bills which it is uncommon to even completely read, e.g. the U.S.A. Patriot Act), which should be significant considering it was written by highly educated men in the 18th century, part of a Constitution whose wording is at points almost indecipherable. It brings to mind the story I read recently of a US Army chaplain, in a speech to his soldiers, shamelessly "re-interpreting" what is probably the most straightforward rule ever conceived of: "Thou shalt not kill."

[A seperate but related email comments more specifically on the Collins episode]

So Collins was threatened with arrest under a law concerning the right to not be disturbed in one's home?

Strange, I had thought that people whose homes were public parking lots (e.g. the homeless) would not be complaining about a man handing out flyers...but wait, was someone actually arrogant enough to "reinterpret" "residence or dwelling" as "shopping mall?"

[A seperate but related email comments on the First Amendment]

This is in response to the report of police harassment on Buy Nothing Day.

Congress shall make no law concerning an establishment of religion, or restricting the free expression thereof, or abridging the freedom of speech, or of the press, or restricting the right of the people peacably to assemble, and to petition the government for a redress of grievances.

Don't get me started on the countless flagrant federal violations of this unambiguously-worded amendment; technically I can't call the happenings unconstitutional since the Amendment refers to "Congress," but I will simply state that the story of being ordered to cease protesting or be arrested, and even to move cars because they weren't shopping (which would seem to imply an almost fascist level of control over the use of public parking
space) reminds me of what a wise man once said:

"Take down the statue of liberty. It doesn't belong in the United States."

Oddly enough, the U.N. once ranked the U.S. as not the freest, not the second-freest, but the 13th freest country. The Buy-Nothing-Day story reminds me of one of the many reasons why this might be.

Brendan Ferreri-Hanberry (electronic mail, May 14, 2005)


Comments? Questions? Write me at george@loper.org.