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This topic comprises 5 pages: 1 2 3 4 5
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Topic: Don Imus' Radio-Thon
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Steve Guttag
We forgot the crackers Gromit!!!

Posts: 12814
From: Annapolis, MD
Registered: Dec 1999
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posted 04-12-2007 07:03 PM
OMG...Richard actually got most of it right (see page 2)
The statement of "FIRE" in a crowded theatre IS protected under amendment 1 but what is not is inciting a riot or creating a panic that brings harm to others. That is, you pop open the door to a crowded theatre, scream "FIRE" (when there isn't one), and everyone stampedes over one another to get out...hurting some people along the way. You will be found reasonable for causing the harm. However, it wasn't the word FIRE that was at fault.
It may or may not be illegal to call what would be considered abusive remarks at law enforcement personnel...it certainly would not help your cause. I'm not sure if the constitutionality of any such laws has been tested, if in fact they exist. After all, if the cop may have indeed fucked someone's mother!
As Richard has stated, it isn't illegal to say dirty words on TV or other broadcast mediums...you wouldn't even be fined...it is the station that holds the FCC license to comply with FCC rules or have them changed...that is contract law...it has nothing to do with the person uttering their filth.
I'm pretty sure the discussion of bombs in the airport security line rule has not been constitutionally tested. Until it has been tested by the Supreme Court, one can't say for certain if that free speech is Constitutionally protected. However, like the fire in a crowded theatre example, discussing bombs while in line would make people arround you reasonably nervous (depending on your conversation) that you would probably affect their travel plans or possibly start some sort of skirmish. Mind you, testing the constitution is not a fast and cheap proposition and it often will consume your time and even freedom to test and even come out with a favorable decision.
While you do not have a Constitutional Right to travel by airplane specifically, it is the Federal Government that now runs TSA...which means that your Constitutional Rights are in FULL force. I'm waiting to see if some crackerjack lawyer tests the constitutionality of the whole security screening system at airports. Constitutionally, "Stop and Frisk" has been tested and found not Constitutional (4th Amendment). One has to have a "reasonable" suspicion to stop/frisk someone. Why in an airport is EVERY reasonably suspected of carrying and using illegal weapons or other forms of distruction? This is a case of having to prove one's innocence without any probable cause of guilt. There is no way you can read the constitution and find it otherwise and the Government HAS to uphold and follow the Constitution.
As to IMUS...I never cared for him. I think his "joke" was unfunny regardless of who it was directed at (my take on his "humor").
This country is way too PC and the response to this poorly delivered and conceived joke is way out of proportion. That said, it has no affect on me and I have no problem with people voicing their disdain over it...that is free speech too. It cuts both ways. This includes forming a boycott of his show(s) and the advertisers of his shows(s)...again that is free speech. If the advertisers feel that advertising on his shows will bring them more revenue than that they will loose by offending a group of people, then he would keep his job...conversely, if advertisers pull their adds, then IMUS won't bring in the revenue that supports the network(s) and thus he is no longer valuable...that is simple business. IMUS is not entitled to his job(s).
I don't agree with what has happened but I don't think there is anything either illegal or unAmerican about it either.
What people who are offended don't get about these "outrages" is that people like/dislike other people for any one of many reasons...it can be race or appearance....you name it. I would MUCH rather everyone be open about their opinions so I know who I'm dealing with rather than them always smiling and saying the PC thing while all the while they really feel a different way. One should know both thy friends and thy enimies.
Steve
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Bobby Henderson
"Ask me about Trajan."

Posts: 10973
From: Lawton, OK, USA
Registered: Apr 2001
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posted 04-12-2007 09:42 PM
quote: Chad Souder Why does everyone yell "freedom of speech!" and analyze the first amendment when something of this nature happens?
Because it illustrates that the concept of "freedom of speech" is a fleeting illusion often elminated by many special interest groups. Those groups run the gamut from far right wing fundamentalists to leftist socialists. The "PC" crowd, particularly those in carrying the banner of "civil rights," are making some of the most damaging assaults against the freedom of speech. Even worse, some (like Reverend Al) leave us with the impression that if your skin is of a certain color you cannot say as many things as someone with a different skin color. What words are off limits to African Americans?
quote: Chad Souder This issue has absolutely nothing to do with the first amendment.
Oh it sure as hell does. This issue is bigger than Don Imus and shock jock antics.
Here's exactly how bad things are now in this country. If some eavesdropping dick happens to hear me tell a tasteless joke to one of my friends, relays that to a newspaper and they feel like running a story from it, I can end up losing my job. That's right. Me. A non-celebrity. I'm no entertainer. I'm no public figure. But over the last couple of years there's been a healthy number of stories about white, private citizens who have been tossed from their jobs over a tasteless choice of words overheard from private conversation. Every one of these people I read about in news releases weren't even business owners or managers either.
If you're white and you say anything that anybody might find offensive you better be sure no one with attachments to the media will hear about it. Reverend Al will be showing up to evict you from your job.
If you're not white, say what you like. Who cares? White people are pussies. We won't take issue with it, much less demand anyone have their career wrecked over it.
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