Friday, December 20, 2013

DUCK DYNASTY & THE "RIGHTS" OF THE RIGHT...IT ALL DEPENDS ON WHOSE OX IS BEING GORED

The big kerfuffle of late is whether A & E violated Phil Robertson’s (of Duck Dynasty fame) rights when they suspended him for making homophobic comments in an interview with GQ.  I would argue, Hell, I would shout at the top of my lungs, ABSOLUTELY NOT!!!  It is not really possible for A & E to violate his Right to Free Speech.  That is because A & E is not limited by the Constitution regarding the exercise of Free Speech.  Those screaming about the violation of Mr. Robertson’s are pissed because it is their ox being gored.

The Right-Wing neo-Conservative, Teapublicans are bent out of shape because someone big, a corporation like A & E, with lots of media attention, had the audacity to suspend Mr. Robertson for holding an opinion with which the Right Wingers happen to agree.  Throw in the fact that Robertson’s remarks have been cloaked in the veil of religion and the Religious Right is screaming about the protection of Mr. Robertson’s “Rights;” Rights they tend to completely ignore when it happens to be the Left, those Progressive bastards, and it is that much worse to them.
Not too long ago, Right Wing Conservatives got bent out of shape about remarks made by a member of the Dixie Chicks country band when they made statements that called into question then-President George Bush going to war in Iraq.  Need I point out that we went in with the absolute guarantee that it was looking for weapons of mass destruction; none were ever found!  In retaliation for their remarks, the Dixie Chicks had sponsors pull out on them and the public made sure their then-number-ten hit on the country charts dropped off the charts completely in a couple of weeks.  Where was the Right about their Right to Free Speech?  Personally, although I am not a country music fan, I went out and bought their “Wide Opens Spaces” album as a show of support for their position.

In 2012, Ozzie GuillĂ©n, then manager of the Miami Marlins, was suspended for five games after making comments supportive of Fidel Castro.  Where was the Right then?  There were no voices from the Teapublicans screaming about Ozzie’s “Rights.”  Hell, they were calling for his head on a platter, and the five-game suspension was not near enough for them.  It is 0kay for a company, like the Miami Marlins, to suspend the manager for making statements with which they agree, but not Mr. Robertson, because they agree with what he says.
Jill Filipovic of The Guardian wrote a rather excellent article, in of all things in a British paper, regarding The First Amendment to The Constitution of the United States.  I invite you to read this article at the link below.


I wish to comment further on Ms. Filipovic’s commentary and explain, yet again, to the neo-Conservative, Right-Wing Tepublicans a basic lesson in civics or social studies.  I have already written about the First Amendment, way back in 2011.  You can see my previous comments at:
http://wam18jr.blogspot.com/2011/06/conservative-vs-liberalforce-vs.html

As I always start with, I will, and have, defended with the offer of my life anyone’s Constitutional Rights; that being said, I do not have to agree with the position or opinion of the person offering up the protected speech.  That is my Right as a citizen of a free country.  I can respond to a protected speech by doing anything from boisterously complaining about their position to taking action.  Acceptable actions are things like: not patronizing their business, not patronizing someone that sponsors their business (in this case a reality TV show), not buying their book, not going to their church, refusing to contribute to their political party, and a myriad of other “actions.” 

The key here is the term “protected speech.”  The Constitution of the United States does not protect the people of the United States, referred to in the Constitution as “We the People” from, well, “We the People.”  The Constitution protects us from the Government, not each other.  If you read the First Amendment it says, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech…”  [Emphasis added].   The Constitution does not say that any person or citizen cannot do anything within the limits of the law to establish a religion or prohibit the free exercise of speech.  The last I checked A & E was not Congress, so there is no Constitutional prohibition for them doing what they feel they must to indicate their displeasure with Mr. Robertson’s remarks.
Let us assume some scenarios that might result if we were prohibited from interfering with each other’s free speech rights.  Your boss, the guy that pays you a paycheck, is a miserable, sniveling coward; let us assume it is an absolute fact, not an opinion (it really doesn’t matter whether it is an opinion or not).  You walk into his office and tell him exactly what he is and why.  I would bet my own paycheck that, all things being equal, you will not have a job in short order. 

See, you do not have a “Right” to tell the boss what is true if the boss does not want to hear it, even if it is true.  You have a right to say it and there can be no consequences from the government, but The Constitution does not protect you from your boss.  Yes, if your boss is a public official and you are a member of his political constituency, an argument can be made that you can tell him he is a schmuck and get away with it, as long as you are acting solely as a citizen, but let us not split hairs too fine.  In a world where you had the absolute, unabridged right to say anything to anyone and it was guaranteed by The Constitution, your boss could not fire you, but we do not live in that world.  If you dare to test the theory, you might become a supporter of extended long-term unemployment benefits and become, God forbid, a Liberal.
If you publish an article that John Q. Public engages in sex acts with sheep, and you cannot prove it, expect to get sued for liable, and probably lose.  Believe it or not, if you are talking about a Senator, you are a lot less likely to have to pay because public officials give up some of their protections by holding elected office.  I am not sure it would work with Senator Sheepskin doing the above.  In the fictitious world where you have a Right to say anything, John Q. could not win in Court.

When the Right finds someone with their viewpoint on the receiving end of “actions” related to their speech, especially religious speech, they are the first to cloak themselves in Old Glory, the First Amendment to the Constitution, all sorts of Civil Rights Laws and scream at the top of their lungs about their “Rights” being violated.  It is a misapplication of the Constitution, the Law and is particularly heinous and atrocious because these same people will happily trample the Rights of others with impunity if the exercise of the same Rights involves a position with which they disagree. 
It all depends on whose ox is being gored.  The hypocrisy is so thick you could cut it with a knife.

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