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DCBA Home Page Articles for Legal Features The Application of the Implied Covenant of Good Faith and Fair Dealing in Contract Cases Deviation From The Child Support Statute (750 Ilcs 5/505(a)(2)) Regarding Child Support The Right To Question Prospective Jurors © 1996 - 2004 |
Letters to the Editor Dear Editor: I wish to comment on the Commentary article, "Freedom of speech on a Sliding Scale - Political Rectitude Balancing the Scale", by Robert Phillip Ward and Myma G. Smith (DCBA Brief. October 2003, pp. 6-10). The Alien and Sedition Acts involved gag-laws, no involvement of political correctness, the main thrust of the article. Those laws were a continuation of the common law of "seditious libel" which operated to put persons in authority beyond the reach of public criticism. The SLAPP suits do not arise out of legislation, but rather the extreme misconduct and abuse of power of private individuals and organizations. No political correctness is involved. They are very expensive to the defendants, who, if successful, hopefully can be successful in malicious prosecution actions. Part III of the article begins accurately. However, I contend that "political correctness" is not grounded on a reincarnated "hippie culture of the turbulent sixties", (p. 8, col. one). In large part, consider the Vietnam War. The authors really err when they continue: "Political correctness has uprooted the very fundamentals of our systems of laws, as is the case with the recent removal of the Ten Commandments from an Alabama judicial building in Montgomery." The presence of the huge monument containing the Ten Commandments, which was in the public rotunda, was unconstitutional - thus cutting into the path of those traveling the speed limit. The unconstitutional act had nothing to do with political correctness. Sincerely, ******************
Dear Editor: I found myself recently
unsettled by the Commentary run under the heading of "Freedom of Speech
on a Sliding Scale-Political Rectitude of Balancing the Scale".
Ironically I was attracted to the piece because I agree that we (the
American Public) are allowing a portion of one of our most fundamental and
precious rights slip through our fingers with little more than a wimper.
Unfortunately, I wasn’t quite certain of the objective of the commentary,
or in the end what its intentions were. However, to paraphrase
Voltaire, while I "may disapprove of what you say, I will defend to the
death for your right to say it". (Francois Marie Arouet, 1694-1778) As a former hippie and an
acknowledged bleeding heart liberal, I never much concerned myself with
political correctness, but more with "telling it like it is".
Freedom of speech during the 60’s was as vital to the anti-war movement
and the civil rights movements as was breathing. And to not understand that
is to not know what these movements were about. And I think that the writers
give those who took part in the hippie phenomenon too much credit, and grant
us too much power today. Once those earlier battles were believed to have
been fought and won, most of us faded into the fabric of the American Quilt.
The movement was almost always a product of the media and when the media
decided the war was over, and equality had been obtained, the movement no
longer held interest, and it withered away. Many of the women and men who
took to the streets all those years ago today are soccer moms and football
dads, or grandmothers and grandfathers more concerned about their AARP dues
and the cost of prescription drugs than whether or not the 10 Commandments
stand on the lawn of Judicial Center in Alabama. I personally believe the
abstract concept of political correctness came from others who wished to
confuse, neutralize and defuse truths they don’t want the listener to
hear. This is probably a concept that was developed to protect politicians.
But in defense of political correctness, and at best it is a frail defense,
maybe, just maybe, it forces us to actually think before putting mouth in
gear. That before we speak, or act, we actually need to look at the
individual sitting across from us, to consider and maybe try to understand,
for even a brief moment who and what they are before we insult them for who
and what they are. What I hypothesis is not that political correctness is
the cause of "lawlessness and mayhem" as suggested by the authors,
but more accurately it is the prodigy of the overcrowding of our cities, the
lack of good education, the lack of values being taught in our homes, our
schools, and yes even our churches, and the "every man for
himself" mentality that has evolved in our society since the ‘80’s.
This is not the one big happy commune envisioned in 1968. If the authors are so alarmed
that we have become complacent, and conforming, that we have lost our
identity, it doesn’t stem from political correctness. I would suggest that
a goodly portion of the corruption rests elsewhere. We have created a media
that has replaced ministers, and neighbors and teachers and parents and the
use of common sense; a media that has no sense of its own history, or its
own power, only of its own greed. Even more insidious is the intentional
manipulation of the media by politicians and the government. While SLAPP’s
are a nuisance, they do not threaten our basic rights, only our patience and
perhaps a pocket book or two. But the PATRIOT Act (HR 3162, Title II) has
all the markings of doing so, and yet not many have spoken out over the
potential assault to our rights that this Act represents. And even then, the
outcry that we have heard is more of a whisper than a roar. Why? Because the
media says nothing. Maybe the media is not about to bite the hand that feeds
them. If any government understands nothing else, it understands this: that
the complacent, the conforming and those without identity are so much easier
to control. I would not be so quick to
denigrate the "self-styled war experts who tediously exhort the
American people", those who appear to be little more than "wealthy
high-school dropouts". The suggestion is elitist and naive. I hope the
authors don’t mean to suggest that because someone is a high-school drop
out they are incapable of holding an intelligent and informed opinion. In
fact, in the real America, they are the ones who can give voice to those who
have none. Why? Because due to their wealth, they have no need to worry
about where the next good story is going to come from. Ironically it was the peace
movement, and the civil rights movement, with little money, and a strong
chorus of voices that brought about some of the most fundamental changes in
this country, just as it was a rowdy crowd of revolutionaries who were tired
of the extortion of a far away king. In the end it is not the wealthy, it is
the multitude that can make the most significant changes in this country.
Many of our freedoms are being challenged today, but it is not due to
political correctness. It is a result of poor (or for the conspiracy
theorist, the programmed) education, and a media that has been bought by the
highest bidder, that is too easily swayed by trends and not substance or the
truth, a media that never lets the facts get in the way of a good story or a
good spin. And as long as we live with the illusion of a free media, all
rights have been preserved. The medium, after all, is
the message. (Marshall McLuhan- 1911-1980) Laura M. Phillips |