Commentary Magazine


Topic: First Amendment

Stop the War on Video Games

The shock and grief generated by the Newtown shooting has generated momentum for gun control advocates. That push will fail, as President Obama conceded today in advance of the release of Vice President Biden’s proposals, to pass a new ban on assault weapons. That’s the result of the reluctance on the part of Senate Democrats as well as Republicans to support such a measure. Despite the renewed focus on the issue as well as the backlash in the media against the National Rifle Association, there is little likelihood that there will be a significant expansion of limitations on gun ownership in the foreseeable future. But there is one aspect of the fallout from that tragedy that politicians from both parties and all parts of the political spectrum seem to agree on: video games are bad and help create a culture of violence that some see as partially responsible for the murder of 20 children and six adults in Connecticut last month.

Video games deserve censure for the way they have helped desensitize the country to violence. The same can be said about other aspects of popular culture including films, television, and the music industry in which vulgarity and graphic depictions of violence are rampant. Yet despite the claims that the Newtown killer liked such games, there is no reason to believe they are responsible for his crimes, especially when you consider that millions play them without being impelled to commit mass murder. Put in that perspective, it is clear that condemning them is merely a safe outlet for those wishing to put themselves on record as being horrified by the slaughter at the Sandy Hook Elementary School. However, if legislators determined to be able to say they did something in response to this incident choose to involve government in the question of what sort of games Americans play, they will have stepped over the line that separates normal political bloviating from a dangerous infringement on our constitutional liberties.

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Protect Free Speech on Campus–For Jewish Students Too

Back in 2010, pro-Palestinian groups at the University of California-Berkeley staged a protest of Israel during which they set up checkpoints around certain parts of campus asking people if they were Jewish before deciding to let them through, and then watched as Jessica Felber, a Jewish pro-Israel student, was allegedly assaulted trying to participate in a counter-protest. To many, the incident typified an uncomfortable reality about pro-Israel students on campuses around the country, though it has been particularly hostile at UC schools.

The harassment—which, as in Felber’s case, can sometimes turn violent—has been all-too-common at universities, even (sometimes especially) at schools with a vibrant Jewish community. Anti-Israel activity doesn’t always take the form of physical intimidation; as Brooke Goldstein and Gabriel Latner revealed in COMMENTARY last year, it can take the form of university-funded events that raise money for groups that aid terrorists. But though the latter example presents a clear solution—don’t enable such fundraising—the question of what to do about harassment, especially nonviolent harassment, has been more difficult for universities, which often try to err on the side of free speech, to answer.

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Obama’s First Amendment Double Standard

At the White House press briefing today, Jay Carney took a break from condemning the anti-Islam video that sparked protests this week in order to criticize a French magazine for publishing a cartoon mocking Islam:

“We are aware that a French magazine published cartoons featuring a figure resembling the Prophet Muhammad. Obviously we have questions about the judgment of publishing something like this. We know that these images will be deeply offensive to many and have the potential to be inflammatory. But we’ve spoken repeatedly about the importance of upholding the freedom of expression that is enshrined in our Constitution. In other words, we don’t question the right of something like this to be published. We just question the judgment behind the decision to publish it.

Nothing Carney said is wrong; the cartoon was offensive and publishing it was poor judgment. But notice his tone. The last time the White House weighed in on a major First Amendment controversy, it was freedom of religion during the Ground Zero mosque debate. At the time, Obama struck a very different note:

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Chicago and Boston Chose Liberalism Over First Amendment

Last week, I discussed liberal intolerance of those in opposition of their particular viewpoints, and almost on cue, Chicago Mayor Rahm Emanuel and Boston Mayor Thomas Menino came onto the scene today to embody the ideals of modern-day liberalism: tolerance of only those with whom they already agree. Both mayors expressed support for same-sex marriage and not only expressed their personal opposition to Chick-fil-A’s social conservatism, but also those of their cities.

In a public letter to Chick-fil-A’s President Dan Cathy, and carbon copied to the owner of a property that it appears Chick-fil-A would occupy, Mayor Menino expressed his opposition to the chicken restaurant’s plans to locate in Boston. The strongly worded letter reads in part, “I was angry to learn on the heels of your prejudiced statements about your search for a site to locate in Boston. There is no place for discrimination on Boston’s Freedom Trail and no place for your company alongside it.”

To be clear, Chick-fil-A discriminates against no one, not employees and not customers; its policies expressly forbid it. Chick-fil-A and its president have expressed their support of the traditional family and Christian values, which are not by definition anti-gay. Their charitable organization, WinShape, has donated money not only to organizations that support traditional marriage, but also to foster homes, college scholarships and international relief efforts. Chick-fil-A’s other charitable contributions are irrelevant to those who view anyone who is not with them on the quest to redefine marriage as a bigot who must be taken down at any cost.

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McConnell Vows to Defend Citizens United

Senate Minority Leader Mitch McConnell signaled that Republicans will fight attacks on Citizens United and other assaults on political expression during a speech at the American Enterprise Institute earlier today.

“Campaign contributions are speech,” said McConnell. “If we lose the right to speak, we’ve lost the battle before it starts.”

The left has decried the Citizens United decision since the beginning, but the recent Wisconsin recall election reenergized efforts to fight it. Despite the fact that Citizens United had little impact on the election spending in Wisconsin, progressives blamed it for their loss and seem determined to make it a top issue in the presidential election.

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Muslims and the First Amendment

For the past several years, there have been two competing narratives about Islam in America. One put forward by groups that purport to represent believers in Islam and the liberal media would have it that in the post-9/11 era, American Muslims are besieged by a wave of hatred and violence (even though there is no statistical evidence to back up such claims). The other is one articulated by critics of Islam who argue that Muslims are demanding and getting accommodations from government and other institutions that are an unconstitutional establishment of Islamic or Sharia law. Advocates of this point of view are the driving force behind efforts to enact laws that would prohibit recognition or use of Sharia law in U.S. courts. This cause has often seemed to be, at best, the result of overblown fears because, unlike in Asia and Africa where Muslim efforts to make Sharia the law of the land, there is little danger of that happening in Oklahoma or other states where anti-Sharia statutes have been proposed.

However, every now and then a story pops up which makes such fears seem more reasonable. One concerns the assault by a local Muslim on a man wearing a costume during a Halloween parade in Mechanicsburg, Pennsylvania, last year. The attacker said the costume depicted a zombie version of the Prophet Muhammad. The attack was recorded on film and witnessed by a police officer who promptly arrested the assailant, who was later charged with harassment. But, as legal scholar Jonathan Turley notes in his blog, the judge who heard the case not only dismissed the case on the grounds that the offense to Islam was not protected speech but also lectured the victim on the wrongheaded nature of his views. Judge Mark Martin’s decision was based on the idea that the assailant, one Talaag Elbayomy, was merely defending “his culture.” Turley, who posted a video of the assault and a partial transcript of the judge’s comments, concludes that Martin’s decision “raises serious questions of judicial temperament, if not misconduct.” But I would go farther and point out that the judge’s behavior seems to reflect a bizarre notion of Muslim entitlement that is by no means unrelated to the attempt to sell the country on the myth of a post 9/11 backlash.

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