The First Amendment, Hank Williams Jr., and the World's Smallest Violin

One of the things I find both frustrating and humorous about TeaPublicans and other Dominion-obsessed wingnuts is their selective use of the U.S. Constitution.  They seem to have this very idiosyncratic view that seems to boil down to "I am a strict Constitutionalist -- except the parts I don't like or agree with."  I would add that there is also much misunderstanding and ignorance of the actual words and phrases in the document in their historical contexts.  Much of this right-wing blather about the Constitution is focused on the First and Second Amendments, but there are plenty of other examples, such as the Tenthers, who maintain that the Tenth Amendment allows states to opt out unilaterally of federal laws and regulations.

This week we had a public example of the confusion that underlies the faulty Constitutional arguments that continually flow from the mouths of these self-righteous pseudo-patriots.  Hank Williams Jr., son of the sainted Hank Williams (the famed singer and songwriter) appeared on Fox and Friends on  Fox News and made the mistake of talking. His remarks included an analogy that certainly can be understood as linking President Obama with Adolf Hitler.  Even the Fox host had to distance the show from his remarks.   As a result, ESPN has dropped his iconic theme for Monday Night Football after twenty years of service to the cause of NFL football and television profits.

So what does this have to do with my comments about Constitutional ignorance? Well, in the inevitable aftermath of Bocephus apologizing and claiming he was misunderstood, he added,

"After reading hundreds of e-mails, I have made MY decision," he wrote on his website. "By pulling my opening Oct 3rd, You (ESPN) stepped on the Toes of The First Amendment Freedom of Speech [his emphasis], so therefore Me, My Song, and All My Rowdy Friends are OUT OF HERE. It's been a great run." His claim of victimhood is a constant refrain from these so-called Constitutionalists who base their whining on a fundamental ignorance of, in this case, the First Amendment.

So, for Hank II and his rowdy friends, here is why you are wrong.  The First Amendment was designed to protect an individual's right to self expression in the public sphere. The Framers included freedom to worship, speak, publish, and meet in public to discuss public issues without GOVERNMENT censorship and interference. Last I heard, ESPN/Disney is a for-profit company that can schedule whatever they please (within some limited exceptions such as pornography or state secrets). The executives at ESPN decided, without government coercion, that Hank II's inane comments were damaging to the network's reputation and therefore the network's profits.
In fact, Disney was simply responding to the "free market" philosophy that the bozo wingnuts claim to revere.

Most importantly, he was given the opportunity to speak on Fox and Friends. No one stopped him from expressing his opinion.  When his words evoked a negative response from others, his employer decided to terminate their relationship. Not the FCC. Not Obama. Not Karl Marx. Not Groucho Marx. Poor old Bocephus was afforded his Constitutional right to speak and he paid the free market price.  I hear the world's smallest violin playing that age-old tune:  be careful what you wish for, you just might get it.