Beyond the First Amendment

I really hate always being able to see two sides of the same issue. It'd be so much easier to just pick a side, argue for it and go to bed secure in the knowledge that the other side was wrong, I was right, and that was it.

But that almost never happens to me.

Take this "Opie and Anthony" controversy. Two schools of thought are competing for my time and dammit to hell, they are both right.

OK, so last week two crude shock jocks (sorry, that's redundant) had some homeless guy on their show and during his visit he ranted about how he'd like to rape Condoleeza Rice and Laura Bush, also taking time to insult the Queen of England while he was at it. The jocks didn't bring up the ladies in the topic, but they didn't exactly express disgust or outrage at the man's comments either. As is the wont with talk radio, they yukked it up and egged him on, hoping to appeal to whatever Neanderthal demographic they generally target. These are the same guys that got fired from their last job for encouraging two listeners to have sex in a church, so we're not exactly dealing with what I'd call "high brow" content. Apparently they have apologized for the comments and now it's a waiting game to see what the owner of XM Radio (who Opie and Anthony work for), CBS, will do regarding them. As it comes so quickly on the heels of the Don Imus mess, everyone is equating the two situations and debating what should happen.

I'm not sure what I think should happen. I don't think they should be taken off the air for the comments, as hideous as they were. Though I would never pay a penny to hear their show, it is in fact not a public show and can only be accessed by subscription. Their fans are no doubt well aware of the kind of content they produce and in fact probably subscribe because they WANT to hear exactly that type of content. It's not my thing, certainly, but it's also not my place (or the government's) to decide what people can choose to listen to. I watch and listen to things that would no doubt raise the hackles of a lot of other people, but as long as I am choosing to do so freely, not forcing anyone else to do so and paying for it out of my own pocket, I hope and expect to be able to do so in a free country. If they were on the public airwaves, that would be different. Children would be able to hear the show, and people who hadn't subscribed but just randomly came across it as well. This is not the case here. If the subscribers are fine listening to this type of thing, so be it. I'll just shake my head, say "no thanks" and move on.

However, if there is enough outcry among the subscribers, CBS is perfectly within it's rights to give these guys the heave ho. It's a market driven economy and if their comments compromise CBS's profits, they have the absolute right to fire them just as the local grocer has the right to fire a cashier who is chasing customers away with his filthy personal hygiene. Responding to customer's needs is just good business.

None of that means that I don't find this all really depressing though. Certainly the jocks (and everyone in America) has the RIGHT to say whatever they want in any way they want as long as it doesn't endanger anyone else (i.e. the "fire in a crowded theater" situation). That doesn't mean that it's desirable to consistently reach for the lowest common denominator in our discourse, however. Time and time again we see ourselves having to defend the most godawful, venal sort of content on the basis of the First Amendment and while I will always continue to do so, that doesn't mean I have to like it. Just because you have the right to say something doesn't mean that you SHOULD say it. We're in an age of absolutely no self restraint, where the delicacy and nuance of reasonable conversation is rapidly eroding and being replaced by "morning zoos", raving political blogs and vein popping, verbally violent talk show hosts. No one listens to each other; everyone is too busy trying to shout over the other person's arguments to actually hear them. People are objectified and ridiculed in the name of "humor". Racist and sexist jokes are back in vogue because like everything else we covet these days, they are easy, cheap and require no thought or effort. Instead of booking a senator or a religious leader, you just grab some homeless man off the street and let the inevitable hilarity ensue. (And yes, I do know they fed the man. Kudos to them, but it's hardly like they can't afford it and afterwards he was no doubt homeless again. A meal for public humiliation; was it worth it I wonder?)

The sad thing is that so many of the people putting out this garbage seem to actually be intelligent human beings. Imus appears to be charitable and thoughtful at times, and has had many many powerful and influential guest on his show for reasonable discussions of important issues. This makes their ultimate descent into the gutter even more depressing. These guys KNOW what they are putting out has no societal value other than to shock, that all they are keying in on is the modern man's inability or unwillingness to engage larger issues and his tendency to wallow in his baser instincts. If even the smartest among us feel the need to "play the putrid card" in order to be heard and get attention, what does that say about our society? How little regard must they have for those that listen to them that they assume this is what they want? And how disturbing is the unavoidable conclusion that they are right, that this is what most people DO respond to?

We have mystery diseases we don't know how to cure, environmental catastrophes looming ever closer, international terrorism and war killing people every day, a volatile global economy, worldwide spiritual decay and a host of other issues of vital importance to discuss. And with all the mighty technology at our disposal, with all the communications resources we possess in the 21st century, this is what we fixate on. This is what we are given and God help us, this is what we listen to. They say that people get the government they deserve and that might be true. It's also apparently true that we get the mass media we deserve.

If enough people like "Opie and Anthony" and want them to stay, I sincerely hope they do. But in my heart of hearts, I wish the kingdom of free speech I'm defending was a lot more like Arthur and a lot less like Caligula.