Free speech again under local assault
By: JIM TRAGESER - Staff Writer | ∞
Free speech is rarely popular, at least not in practice. Oh, we all like to pay it lip service -- liberals and conservatives, and the rest of us in the middle. Everyone loves free speech in the abstract.
But what we really like is free speech for us, and not so much for the next person over.
And when their free speech bugs us, our inclination has always been and will likely always remain to try to find a way to shut them up.
We're civilized, of course, and because of the fact that we like to think we believe in free speech, we rarely resort to out-and-out violence -- it's simply not seemly to punch someone in the nose because you don't like what they say.
So you pass a law or launch an investigation. Make them uncomfortable.
In Vista, the Planning Commission has proposed a law (tinyurl.com/32wmcn) banning all sorts of signs that local businesses use to try to attract customers, anything falling under the description of "inflatable" or a "pennant."
I'll grant you that inflatable gorillas may not be to everyone's taste, but if they didn't work at attracting customers, business owners wouldn't be laying out good coin to rent or buy them.
Besides, not every business would be covered by the ban: Auto dealers would still be able to apply for a permit to use inflatable signs.
Which seems a bit unfair and not a little discriminatory. If the piano store can't use an inflatable sign, why should the car dealer?
The justification for the proposed ban is the usual argument of trying to beautify the city, the implied argument being that pennants and inflatable signs are an eyesore.
But the Founding Fathers of our country didn't put anything about beautification in the Constitution, nor have any of the amendments addressed it.
Free speech, though, that's covered.
Which is a point that could probably use a bit of emphasis when it comes to KPBS, the local public radio and TV station.
KPBS-TV has a program called "Editors Roundtable" every Friday, in which editors of various local media outlets appear in front of the cameras and talk about how their publications and the media in general are covering various local stories. It could be seen as a bit dry at times if you're not a news junkie, I suppose, but I do think it's useful for the public to see how the sausage we call a newspaper is made. The Times' editor, Kent Davy, and one of our managing editors, Dan McSwain, have been guests on the show, and I presume they will be again.
Or maybe not.
As columnist Randy Dotinga reports in today's Preview section, San Diego City Attorney Michael Aguirre has launched an investigation into how KPBS decides whom to invite to the "Editors Roundtable," among other programming decisions. While KPBS is a publicly owned station (operated by San Diego State University), it's hard to see how a public radio station would have any less editorial independence than courts have repeatedly ruled public university student newspapers have.
While KPBS is a professional operation, and not student-run (although it does offer numerous intern and training opportunities for SDSU students), its staff nevertheless have a basic constitutional right to invite whomever they want as guests on-air.
And they don't need permission from any public official to do so.
-- Contact columnist Jim Trageser at (760) 631-6628 or jtrageser@nctimes.com.
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anotherview wrote on Sep 19, 2007 11:42 PM:Mr. Trageser may equate lofting an inflatable gorilla to increase business sales with free speech, yet the Founding Fathers likely did not have this sort of stunt in mind. Instead, these supreme politicians concerned themselves with the value of human discourse and its positives for social and political health. The philosopher Spinoza said it best: "In a free state, every man may think what he likes, and say what he thinks." Voicing our view reflects the thought that frames it. The human condition involves the function of speech to complete the circle of social and political dialog which defines humanity from other life-forms. Neither our freedom of speech nor its furtherance of human consciousness would diminish a single iota with the subtraction of sales pitches, but our social life might improve. A sales pitch functions to increase sales for revenue to continue a business in operation and perhaps to turn a profit for its owners in doing so. Just as free speech has run against a limit (one cannot falsely yell “Fire!” in a crowded theater), so a business activity must face regulation, for the good of the community. Elected officials make such decisions. Banning eyesores like inflatable gorillas used for commercial purposes will have no effect whatsoever on free speech either in the concept or in the practice. Money-making and free speech fundamentally differ.
Floyd wrote on Sep 20, 2007 9:54 AM:So what, exactly, is the harm caused by an inflatable gorilla (besides your disapproval)?
IT s not about free speech wrote on Sep 20, 2007 11:40 AM:Any one with a rudimentary knowledge of constitutional law knows that commerical speed CAN be regulated. The classic case is highway billboards. If Jim's idea of free speech were adopted we would be swamped with billboard literally everywhere. Commercial speech is properly regulated in Vista
Floyd wrote on Sep 20, 2007 1:06 PM:So what, exactly, is the harm caused by billboards?
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