May 12, 2009
The Fire of Intolerance!
Vol. 4 Issue 7
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
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