Surely there are some things here that are disturbing to those of us of a libertarian bent. But the fact that this didn’t get noticed in America – the event happened in September, and Reason is just now taking notice; personally, I’d forgotten it happened – should tell us something.
We’re now on our third generation of school children (I was part of the second) going through the public education system and being taught that the First Amendment exists primarily to protect hardcore pornography and slanderous journalists. I took a constitutional law course while an undergrad, and am now in my third year of law school, and I can’t recall more than a small handful of discussions about the First Amendment applying to actual political protest.
I’d like to think that’s because we take the right to political protest for granted. That’s normally been the case in America. However, the First Amendment, like every protected right, can only do so much. The less it protects, the better it protects it; the broader its protections are spread, the thinner they become. Libertarians frequently argue that we should protect even the most extreme speech as a sort of outward barrier, as though this will protect all speech that is less extreme. But the fact is that a large number of people simply aren’t that gung ho about protecting the rights of their countrymen to post rape porn videos on the internet. If all speech is equal, rather than protecting rape porn with the vigor with which they protect mundane political speech, a part of the population will instead protect mundane political speech with all the vigor with which they defend rape porn. Which is to say, not much.
Though Balko misses the mark when he says that the G20 summit was when we needed the First Amendment the most. A bunch of foreign leaders gathered in an American city attracting a motley crew of protesters from all around the world grousing about insubstantial abstractions is not, I reckon, what the Founders had in mind. The leaders weren’t there to get a gauge of popular opinion, the issues were so large that no matter how many protesters showed up it would not have given an accurate gauge of the opinion of those effected by G20 policies, and the protesters themselves were a group with a history of violence and disorder. I don’t think much of what Balko complains of should have happened, but my sleep won’t be troubled much.
We’ve seen with the Tea Party movement that American political protest is alive and well when it really “matters the most” – spontaneous and representative demonstrations of discontent with elected officials’ actions on specific matters, performed in a time and place so as to actually convey that message to the elected officials. If libertarians want more than that core of political speech protected by the First Amendment, they need to pick their fights a little better. It may not be as simple as choosing between Hustler and G20 protesters (and what kind of choice is that?), but it might well be. In a libertarian paradise the First Amendment might well protect every fart as free speech and every orgy as a peaceable assembly, but here in our fallen world, one amendment can only do so much.
Posted by Apollo in Dirty Hippies, Liberty and/or Security