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Legal Commentary

: Althouse

The too-easy satire of The Onion's "Supreme Court Upholds Freedom Of Speech In Obscenity-Filled Ruling."

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Everyone's linking to this thing, and it is pretty funny, but see what my problem is with it:
"It is the opinion of this court that the right to speak without censorship or fear of intimidation is fundamental to a healthy democracy," Justice Ruth Bader Ginsburg wrote for the majority.... "In short, freedom of speech means the freedom of fucking speech, you ignorant cocksuckers."
The decision came Monday in response to the case of a Charleston, WV theater troupe that had been sued by city officials for staging a sexually explicit play with public funds. Reversing the 4th U.S. Circuit Court of Appeals' decision, the Supreme Court ruled in favor of the theater, an outcome free-speech advocates are calling a victory and Justice Ginsburg called "a bitch-slap in the face of all those uptight limp-dicks."...
The Onion goes after social conservatives clamping down on sexually explicit speech.
"I'm beginning to wonder if you really understand what 'abridging the freedom of speech' means at all," said Stevens, a 34-year veteran of the court known for his often-nuanced interpretations of the First Amendment. "I'm also wondering whether you and your fat-faced plaintiffs over there need to have some respect for constitutionally protected expression fucked into your empty hick skulls."
Hicks.

Are hicks the threat to free speech? Maybe 20 or 30 years ago.

The Onion quotes Justice Breyer:
It likewise bears noting that, even if everyone on this court got brain damage and ruled against protected speech, we're sure as fuck not starting on some harmless bullshit play. We'd start on that ignorant-ass, Bible-thumping, Fred Phelps homophobe shit. How would those Jesus-blowing backwoods cracker motherfuckers like that?
See? The liberal urge ? which is what motivates The Onion's writers ? is to repress the speech it disapproves of. And that is the real threat to free speech that we experience today. At first glance this satire appears to be vigorously pro-free-speech, but I suspect that it's only pro-liberal speech. Maybe my suspicion is wrong, but I'd find The Onion a lot funnier if its satire caused its readers a little pain, instead of nudging them to laugh at people they already hold in contempt.

To test your commitment to free speech rights, think of some expression you hate and imagine protecting that. Don't think of something you love and imagine someone else repressing it. That's the test of whether you support free speech rights. The Onion doesn't test itself or its readers. And that makes The Onion's speech too bland. Come on, it's The Onion. Onion. Bland isn't true to that name.

Full post as published by Althouse on May 06, 2010 (boomark / email).

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