“It is offensive, but indecent? Doesn’t seem to be
indecent,” argued Michael Overing, a censorship and legal communications
professor at USC’s Annenberg School for Communication & Journalism.
“Offensive conduct alone isn’t outside the First Amendment.” Mr. Overing was commenting on the recent, and apparently raunchy, Miley Cyrus show broadcast by NBC.
Hmm. Miley Cyrus can apparently
perform all kinds of outrageous antics on stage, in front of a prime time
television audience on NBC, and an “expert” explains that even if her conduct
is offensive it “isn’t outside the First Amendment.” The implications for this go well beyond
Miley Cyrus and her marijuana induced nonsense.
The First Amendment, as widely, though improperly
understood, doesn’t call for “freedom of speech” as such. The First Amendment states that Congress
“shall make no law . . . abridging the freedom of speech.” This doesn’t mean Congress (or the states via
the 14th Amendment) can’t regulate speech at all, only that it
cannot ultimately put an end to free speech.
Moreover, the First Amendment applies only to governmental restrictions
on speech, not private restrictions. Too
often I see people complaining about censorship when a private organization
decides to limit, curtail, or minimize speech.
Nonetheless, given governmental intrusion into so many
places via regulation, for instance, the line becomes more blurred. One of the reasons the Miley Cyrus episode
sparked any reporting at all is because NBC aired it at 9:00 PM during the
summer. The FCC has regulations that
prevent “indecent” material from being aired at that time since it is likely young
children might be watching. Any parent
with any sense of contemporary culture should insure Miley Cyrus does not
invade the home at any time of day! If a parent is not sure about what’s going
on, a casual perusal of You-Tube will often suffice to get some sense of where
things are. Regulations are utterly
unable to stop anyone from watching anything – they only serve as a modest,
after-the-fact deterrent. Moreover, as
our expert explained, it wasn’t indecent
for crying out loud, it was just offensive and offensive is okay.
Yet, time after time, street preachers, who are in places
where they have a legal right to be, get accosted by the police for . . . offending people. I’ve observed street preaching first hand,
and I understand the up front and personal nature of that kind of gospel
presentation can often unsettle people.
Nonetheless, it isn’t indecent. Naturally, none of us expect the police to
show up at the Miley Cyrus show just because some of us might find her antics
offensive. Sensible human beings simply
don’t watch her, or if they happen to be surfing past the channel that is
showing her, they just keep going. We don’t
go rushing out to get Officer Friendly down to the Miley Cyrus show.
So why do people think it’s acceptable to complain to the
police about street preachers? More
importantly, why do police officer so often think they have any right to
involve themselves by asking street preachers to stop or move, or face
arrest? While I am sure some street
preachers go overboard, many simply preach the gospel message of creation,
fall, redemption, and consummation (or something similar). Of course, people don’t like being told they
have sinned and require a savior.
So? How are these words any more offensive
than what Miley Cyrus does? Even
non-Christians can find her conduct disturbing and offensive. I find it stunning that more women’s groups
don’t complain about her (maybe they do, and I just don’t know about it).
My point here isn’t that we should ban Miley Cyrus. Part of me wants to say let everyone see her
so all people shall know how messed up this young woman really is. My point is that almost anything anyone says
or does is likely to offend somebody. If
the tolerance and diversity crowd really mean what they say, then shouldn’t
that mean non-indecent but offensive speech and conduct are something we must
accept as reality in a pluralistic society?
Yes, the gospel message offends people. But if Miley Cyrus gets a pass, doesn’t Jesus
get one, too?
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