"We have the right to make dumb jokes."
-- Tina Fey
I'm a free speech advocate. I've been arrested and I have served jail time for exercising my First Amendment rights. As a reporter, magazine editor and political cartoonist, I've received complaints (and a few rare death threats) for my work. So it goes without saying that I share the global outrage over the brutal murders of the cartoonists and staff at the French magazine Charlie Hebdo. It chills the blood to imagine any American cartoonist being placed in the crosshairs of a Kalashnikov. No matter your race, religion, history or lifestyle, murder is a heinous crimefar worse than even the most wounding insult.
But after dwelling on the causes and effects of this tragedy, I find that I have some qualms about the argument that there should be no limits to the exercise of free speech.
My concerns begin with a question: "At what point does satire become bullying?" At what point does satire morph from a deftly wielded surgical tool into a blunt instrument of personal or cultural assault? As we have seen, a pen can draw a cartoon but a weaponized cartoon can draw blood. Does the cause of "free speech" bind us to defend slanders, lies and defamation?
Many advocates of free speech make a point of defending uncensored and fearless public expressionbut only so long as the speech does not veer into venomous and hateful rhetoric. When "free speech" devolves into racist or misogynistic invective, it can prove as devastating to public peace as yelling "Fire!" in the legendary "crowded auditorium." Such mean-spirited expressions are classified as "hate speech" and are characterized by content that "offends, threatens, or insults groups, based on race, color, religion, national origin, sexual orientation, disability, or other traits."
Unclothed Emperors Versus the Naked Masses
Satire, as a form of mockery, reads entirely differently depending on where and how it is directed. Ridicule directed against the powerfulwhether the target be a wealthy member of the elite or a multinational corporationis most easily recognized as the proper use of the satiric tool. However, ridicule directed against the powerless, the disenfranchised, or the disabled can be seen as inappropriate and coldhearted bullying.
Even hate speech can be nuanced by the interplay of social realities. It's one thing for the oppressed to call for the elimination of the ruling classes; it's another matter for the rulers to call for the elimination of masses. Regicide and genocide are both crimes but there is a vast difference in scale.
Satire, as defined by Wikipedia, is "a genre of literature, and sometimes graphic and performing arts, in which vices, follies, abuses, and shortcomings are held up to ridicule, ideally with the intent of shaming individuals, corporations, government or society itself, into improvement."
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Satire and Sanity: Where Do You Draw the Line? (News Analysis)
- College sued for stopping students from handing out Constitution - April 26th, 2014 [April 26th, 2014]
- Argument preview: First Amendment protections for public employees subpoenaed testimony - April 26th, 2014 [April 26th, 2014]
- China toughens environment law to target polluters - April 26th, 2014 [April 26th, 2014]
- 1st Amendment - Laws - April 26th, 2014 [April 26th, 2014]
- GBS205 Legal Environment -THE FIRST AMENDMENT - Video - April 26th, 2014 [April 26th, 2014]
- Supreme Court Preview/Review #2 - Video - April 26th, 2014 [April 26th, 2014]
- ConLaw Class 26 - The First Amendment Speech II - Video - April 26th, 2014 [April 26th, 2014]
- Scalia Ginsburg debate NSA and first amendment - Video - April 26th, 2014 [April 26th, 2014]
- Political Correctness vs First Amendment - Video - April 26th, 2014 [April 26th, 2014]
- ConLaw Class 25 - The First Amendment -- Speech I - Video - April 26th, 2014 [April 26th, 2014]
- The First Amendment - Video - April 26th, 2014 [April 26th, 2014]
- [USA] First Amendment abused - Video - April 27th, 2014 [April 27th, 2014]
- Cliven Bundy and the First Amendment - Video - April 27th, 2014 [April 27th, 2014]
- First Amendment Tees Co. Inc. FAT-Tee Intro Video of who we are, and what we stand for - Video - April 27th, 2014 [April 27th, 2014]
- University Attacks First Amendment Costs $50,000 Plus - Video - April 27th, 2014 [April 27th, 2014]
- First Amendment Lawsuit After '8theist' Vanity Plate Denied, 'Baptist' Approved - Video - April 27th, 2014 [April 27th, 2014]
- How A Public Corruption Scandal Became A Fight Over Free Speech - April 28th, 2014 [April 28th, 2014]
- PETITION FOR A WRIT OF CERTIORARI; Crystal Cox v. Obsidian Finance Group - Video - April 28th, 2014 [April 28th, 2014]
- MSNBC: Marjorie Dannenfelser Discusses SBA List First Amendment Case - Video - April 28th, 2014 [April 28th, 2014]
- United Church of Christ sues over North Carolina ban on same-sex marriage - April 29th, 2014 [April 29th, 2014]
- Federal judge: Delayed access to court records raises First Amendment concerns - April 29th, 2014 [April 29th, 2014]
- Justices Troubled By Their Earlier Ruling On Public Employee Speech Rights - April 29th, 2014 [April 29th, 2014]
- Judge Won't Stop Jason Patric from Using Son's Name for Advocacy Purposes - April 29th, 2014 [April 29th, 2014]
- PBL in Journalism I, 2014 - Video - April 29th, 2014 [April 29th, 2014]
- John Dukes on First Amendment - Video - April 29th, 2014 [April 29th, 2014]
- Were Sterlings First Amendment Rights Violated? Nope. - April 30th, 2014 [April 30th, 2014]
- Senate Dems vow vote to change Constitution, block campaign funding - May 1st, 2014 [May 1st, 2014]
- What happened to Sterling was morally wrong - May 1st, 2014 [May 1st, 2014]
- Former Supreme Court Justice Wants to Amend the Constitution - May 1st, 2014 [May 1st, 2014]
- Donald Sterling is my HERO - Video - May 1st, 2014 [May 1st, 2014]
- Retaining Government Power to Make Economic Policy for Internet Access: Role of the First Amendment - Video - May 1st, 2014 [May 1st, 2014]
- America was just defeated from within TODAY 4/29/2014 - Martial law is next - Video - May 1st, 2014 [May 1st, 2014]
- Opposition To Proposed Monitoring Of Hate Speech By Federal Agency The Kelly File - Video - May 1st, 2014 [May 1st, 2014]
- Westfield Mayor to pay $53K in campaign sign violation case - Video - May 1st, 2014 [May 1st, 2014]
- ConLaw 1 Class 27 - The First Amendment - Free Exercise - Video - May 1st, 2014 [May 1st, 2014]
- PEASE: Free speech zones on Bundy Ranch violated First Amendment - May 1st, 2014 [May 1st, 2014]
- Bar Owner Prevails in Buck Foston First Amendment Trial - May 1st, 2014 [May 1st, 2014]
- Was Donald Sterling's First Amendment Right to Free Speech Violated? - Video - May 1st, 2014 [May 1st, 2014]
- First Amendment common sense - May 2nd, 2014 [May 2nd, 2014]
- The First Amendment Doesn't Allow us to Silence Opposition; Get Rid of Limits on Political Speech - Video - May 3rd, 2014 [May 3rd, 2014]
- Save Us Chuck - First Amendment Zones - Video - May 3rd, 2014 [May 3rd, 2014]
- HAROLD PEASE: Free speech zones on Bundy Ranch violated First Amendment - May 4th, 2014 [May 4th, 2014]
- In our opinion: Why government can't tackle hate speech without shredding First Amendment - May 4th, 2014 [May 4th, 2014]
- In our opinion: Can't tackle hate speech without shredding First Amendment - May 4th, 2014 [May 4th, 2014]
- Sen. Ed Markey proposes eliminating free speech - Video - May 4th, 2014 [May 4th, 2014]
- Alabama Chief Justice Stunning Legal Ignorance - Video - May 4th, 2014 [May 4th, 2014]
- Church Uses First Amendment Protections To Perform Same Sex Marriages - Video - May 4th, 2014 [May 4th, 2014]
- first amendment test filming Tucson FBI Headquarters. - Video - May 4th, 2014 [May 4th, 2014]
- "First Amendment ONLY for Christians," Says Alabama Chief Justice Roy Moore - Video - May 5th, 2014 [May 5th, 2014]
- Endangered Speeches - Video - May 5th, 2014 [May 5th, 2014]
- First Amendment Monument Music Video by Daniel Brouse - Video - May 6th, 2014 [May 6th, 2014]
- first amendment rights - Video - May 6th, 2014 [May 6th, 2014]
- News media challenges ban on journalism drones - May 6th, 2014 [May 6th, 2014]
- WHAT FIRST AMENDMENT - Video - May 6th, 2014 [May 6th, 2014]
- Letter: First Amendment rights trampled - May 8th, 2014 [May 8th, 2014]
- News outlets say US drone ban breaches First Amendment - May 8th, 2014 [May 8th, 2014]
- Chucking the First Amendment: Schumers cranky scheme - May 8th, 2014 [May 8th, 2014]
- Screw the First Amendment | We cant let people pray? - Video - May 8th, 2014 [May 8th, 2014]
- Chief Justice: 1st Amendment Only Protects Christians - Video - May 8th, 2014 [May 8th, 2014]
- Inside the Classroom with Professor Leslie Kendrick - Video - May 9th, 2014 [May 9th, 2014]
- 2014 Civics Video Awards First Amendment - Video - May 9th, 2014 [May 9th, 2014]
- .First Amendment protects political speech, not profanity - Video - May 9th, 2014 [May 9th, 2014]
- Charles "Chip" Babcock on Campaign Finance and the First Amendment - Video - May 9th, 2014 [May 9th, 2014]
- A First Amendment attack on Assembly... in George Washington - May 9th, 2014 [May 9th, 2014]
- SUPREME STUPIDITY Kills The First Amendment - RIP Separation of Church & State (1787-2014) - Video - May 10th, 2014 [May 10th, 2014]
- FBI Agents Harass Photographer: First Amendment Test - Video - May 10th, 2014 [May 10th, 2014]
- History Project: First Amendment. - Video - May 10th, 2014 [May 10th, 2014]
- SDG&E Challenges The First Amendment and Loses - Video - May 11th, 2014 [May 11th, 2014]
- Richmond City Council Uses Tricks to Undermine First Amendment - Video - May 11th, 2014 [May 11th, 2014]
- Their opinion: Disagreeing on the First Amendment - May 12th, 2014 [May 12th, 2014]
- The Clash Between the First Amendment and National Security in Times of War Symposium - Video - May 12th, 2014 [May 12th, 2014]
- City Charter amendment passes 581-556 - May 15th, 2014 [May 15th, 2014]
- David Allen Legal Tuesday: Flashing Automobile Lights and the First Amendment - Video - May 15th, 2014 [May 15th, 2014]
- Senator Chuck Schumer is against the First Amendment then and now - Video - May 15th, 2014 [May 15th, 2014]
- Facebook SUCKS! - Video - May 15th, 2014 [May 15th, 2014]
- Dems threaten Kochs with a constitutional amendment - May 16th, 2014 [May 16th, 2014]
- Reid backs campaign spending limit - May 16th, 2014 [May 16th, 2014]
- Tennessee Boy Recites First Amendment Rights After Being Told to Put Away His Bible - Video - May 16th, 2014 [May 16th, 2014]
- 'Shutup,' they explained Crippling the First Amendment - May 18th, 2014 [May 18th, 2014]
- Reid Seeks To Change First Amendment To Stop Koch Brothers - Video - May 18th, 2014 [May 18th, 2014]