Wednesday, May 30, 2018

The Taking down of "Roseanne" -- a clear and present danger

I have never felt such a sense of satisfaction as the axing of the cash cow ABC show "Roseanne" except, perhaps, when Barack Obama became president.  Just two minutes before the pulling of the show I was writing and calling ABC fast and furiously.  It was difficult to get in as I got bounced by various ABC receptionists.  Nonetheless I did.  The viewer opinion tape gives one only 30 seconds to respond so I read my piece with all deliberate speed.

I then got onto an ABC site where I could email my sentiments about the show and did so.  After I did I looked to the top of the site and to my joy Breaking News in red said Roseanne was cancelled!  I know it was not my call or email that was the straw that broke the camels back.  The feeling, however, that I contributed to this humane effort perhaps by millions to crush Roseanne's racist ugly sentiment gave me great satisfaction. 

Nuremberg, my political moral compass, demands we speak out against cruelty and even refuse military orders that advocate for it.  All political opinions are not the same. Some hateful destructive ones need to be verbally and electorally taken down by any legal means necessary!! 

Moreover, Constitutionally, hate speech, in my opinion, trumps First Amendment free speech because it promotes and leads to oppositional violence.  As justice Holmes said free speech does not extend to one who would yell fire in a crowded theater.  Spewing ugly hate speech sentiment as Roseanne Barr did is equal to yelling fire in a crowded theater.  It promotes violence and presents a clear and present danger.

Oliver Wendell Holmes wrote in his majority opinion on free speech in Schenck v. United States 249 U.S. 47 (1919) the oft quoted:  

The most stringent protection of free speech would not protect a man falsely shouting fire in a theater and causing a panic. [...] The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils ...

In the instant case of the inflammatory and incendiary ugly comments of Roseanne Barr ABC had a moral and legal duty to pull the show.

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