#155...
Chalking the 1st Amendment
I chuckled as I heard the NPR report on Wesleyan University's (Connecticut) controversy oven the long standing practice called 'chalking'. It seems the university wants the students to stop expressing their opinions and views with chalk on the sidewalks. The students, along with some rather outspoken freedom of speech activists, accuse the administrators of violating their first amendment rights of free speech. The administrators cited recent incidents of chalking vulgar language and direct attacks against named university faculty. I was a bit dismayed, and more than a bit peeved that so many supposedly intelligent people have such a poor understanding of the Constitution and our laws.
One has to wonder if the freedom of speech advocates believe that all graffiti is protected by the first amendment, or if they really believe that vandalism is a legal means to the end. Where do you draw the line between destruction of private property or invasion of privacy and the 'right' to an opinion? Consider all the things chalked and spray-painted on sidewalks, walls, and store windows.
Does the First Amendment apply to spam?
At the FTC sponsored Spam Forum just a few short weeks ago the spammers added another protection to our first amendment right: theft and invasion of privacy. Anyone should be able to steal the identities of others then steal your resources and time to send you their message via unsolicited email, right? So now forgery and theft is okay if done so under the privilege of freedom of speech? Bunk!
US Federal Judge Stanley Sporkin said:
"[Spammers] have come to court not because their freedom of speech is threatened but because their profits are; to dress up their complaints in First Amendment garb demeans the principles for which the First Amendment stands."
Chief Justice Berger, U.S. Supreme Court said:
"Nothing in the Constitution compels us to listen to or view any unwanted communication, whatever its merit. We [U.S. Supreme Court] categorically reject the argument that a vendor has a right under the Constitution or otherwise to send unwanted material into the home of another. If this prohibition operates to impede the flow of even valid ideas, the answer is that no one has a right to press even 'good' ideas on an unwilling recipient. The asserted right of a mailer, we repeat, stops at the outer boundary of every person's domain."
I'll be the first to stand up for the freedom of speech. After all, I'm exercising mine right here in this column. But I'm also strongly believe the privileges granted us by our Constitution have limits, and carry a grave responsibility not to abuse those privileges.
In my humble opinion, the first amendment protects your rights to express your opinions up to the point of destruction of private property, or invasion of privacy. You can say what you want, but you can't force me to look, listen --- or read it. And you cannot force your opinions on me by using my time and resources.
Can those college kids express their opinions and views through music, drama, writing and public oration? Of course. Can they paint it on my walls, or chalk it on my sidewalk? Of course not.
Can the advertisers plaster their messages all over TV, radio and the internet? Of course. I don't have to look. But can they spew it into my email box -- at my expense? Absolutely not.
Your comments?
Thanks for reading, 'til next time -- Good day!
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Fred Showker is a designer, consultant, writer and speaker. He has published 60-Second Window and DT&G Magazine online since 1990, and is director of The Graphic Design Network which includes The Design & Publishing Center at www.Graphic-Design.com. (1994) He was a co-founder of both The User Group Forum on America Online (1987), The User Group Network at www.User-Groups.net, (1994) and the Designers' Bookshelf (1996) He originally founded Showker Graphic Arts & Design in 1972, has been an avid computer activist and supporter since 1984.
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