The Fire Of Intolerance

Fire can be an ominous word with many meanings. "Conflagration," which means to burn, "Fire," as in a command to discharge a weapon or "Terminate," as in being fired from a job.

The most intense use of the word is to express a warning of an imminent danger of a blaze that can harm or kill. Someone yelling "Fire" in a crowded venue is a warning that should not be ignored. Usually when it is shouted panic breaks out as the occupants scramble for the exits, caring only about their own safety.

Yelling Fire in a theater when there is none has always been a statement that reflects the true meaning of the First Amendment of the Constitution's proviso of "Free Speech." It has been found to be a violation of the First Amendment to cause a situation with the use of words that leads to harm by an intentional act of mendacious regard for human safety and public order.

Over the years First Amendment, Free Speech rights have been stretched like an elastic band ready to snap. Many of these cases have been instituted by the ACLU who seems to want to expand the "yelling fire in a theater" scenario beyond our constitutional framers original intent.

When the ACLU, in 1978, fought for the rights of a neo-Nazi group to march in Skokie, IL, a predominantly Jewish suburb of Chicago, it brought with it painful memories of the Holocaust and left many residents frightened. According to Lisa Price, a CNN reporter on the scene, "People were stunned that anything like it could happen again."

The First Amendment was meant to protect peaceful, not violent, assemblies. However, there must a "clear and present danger" or an "imminent incitement of lawlessness" before government officials may restrict free-assembly rights, or the First Amendment's purpose can too easily be sacrificed on the altar of political pragmatism.

According to the Supreme Court, it is crucial to protect everyone's right to peaceful assembly, even if we disagree with the speech of our opponents, "in order to maintain the opportunity for free political discussion, to the end, that government may be responsive to the will of the people and that changes, if desired, may be obtained by peaceful means."

The U.S. Supreme Court recognized the importance of this freedom in the 1937 case De Jonge v. State of Oregon, writing that "the right to peaceable assembly is a right cognate to those of free speech and free press and is equally fundamental." According to the Court the right to assemble is "one that cannot be denied without violating those fundamental principles which lie at the base of all civil and political institutions."

However, there is another circumstance that should be taken into account; history has shown us that allowing these known racist organizations the right to protest has never been conducted peaceably. It is almost always followed with civil unrest. So the question that needs to be deliberated is, are we supporting yelling fire in a theater by allowing these racist groups to march and create havoc knowing full well what their intent is?

Yet, the present Obama administration now seems to want to rewrite the meaning of the first amendment by re-enacting the fairness doctrine to silence conservative talk radio. Their claims are that people like Rush Limbaugh, Sean Hannity, Michael Gallagher, et al are yelling fire in a theater. Why because they have an opposing view to your thoughts and beliefs? A view that is aligned with what most American's want. Yes, there may very well be a fire that needs imminent warning before their misaligned projects become reality.

They never mention the other side of the spectrum with the likes of Randi Rose, Alan Colmes and Al Franken, et al. I guess it is O.K. for them to yell fire when there is none.

However, when their actions come under scrutiny even though they are sounding the alarm of a clear and present danger, they run in panic and try to silence the observers of their bad behavior which is destroying the American way.

Threatening the use of the "Fairness Doctrine," Is like yelling fire in crowded theater when there is none. Only the proponents of the fairness doctrine are striking the match of intolerance.

 

And, that is my opinion.

Michael Solomon

Author of "Where Did My America Go?"

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