Dr. Joseph C. Zingaro is a psychologist and a resident of Dover.
The First Amendment to the Constitution says a lot: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” The First Amendment is about respecting religions (plural), speech and the press, and about allowing citizens to get together to voice concern or disagreement and to express complaints about the government.
I suspect that, when most of us think about the First Amendment, we think it is about “free speech.” But there are exceptions. Obscenity is not protected by the First Amendment. One cannot post child pornography, as an example, and claim that it is permitted under free speech. Free speech does not mean “free for all,” i.e., say whatever you want (law.cornell.edu).
Fighting words are also not protected under the First Amendment. Fighting words create a clear and present danger. Words that invite dispute, disagreement and even cause unrest are not protected. Brian Kilmeade, a “Fox & Friends” host, said (on Sept. 10) that “involuntary lethal injection” should be an option for mentally ill homeless individuals who do not agree to get treatment. That sounded to me like his words were creating a clear danger to unhoused individuals who have mental health problems. I believe it is possible that his statement could contribute toward “radicalizing” individuals to harm unhoused people who have mental illnesses. Lawrence Jones, Mr. Kilmeade’s co-host said, “You can’t give (mentally ill individuals) a choice (about receiving or not receiving treatment).” Would he like the government to decide what choices are available to its citizens? Would you?
Mr. Kilmeade apologized for what he said, and Fox News is apparently satisfied with that ending.
ABC suspended the late-night TV show, “Jimmy Kimmel Live!” because of a comment the host made about Charlie Kirk, who was recently assassinated. He said (referring to President Donald Trump), “This is not how an adult grieves the murder of someone he calls a friend. This is how a 4-year-old mourns a goldfish.” On the day Kirk was shot, Kimmel took to Instagram to condemn the attack and sent “love” to the 31-year-old activist’s family. The show’s suspension came after Federal Communications Commission chair Brendan Carr criticized Kimmel and implied that the commission could retaliate against companies that aired him.
The FCC is part of the federal government. Is our president using the government to cherry-pick what is/is not OK to say, broadcast or print? Has any other head of government in any country ever used that government to control what is OK to say? How did that turn out for those countries?
Reader reactions, pro or con, are welcomed at civiltalk@iniusa.org.
