speech and respect - College of Social Sciences and International ...

The Excesses of State Regulation
condom while an off-camera voice intones: "Freedom to wear a rubber
all day—if necessary." Lead singer Steven Tyler adds: "Hey! Protect your
freedoms. Vote!" "Rock the Vote" during the New Hampshire primary
registered 10,000 young adults. A free concert in Seattle by grunge-rock
group Pearl Jam signed up 2400. New York Times Magazine 30 (October
11, 1992).
87 New York Times A13 (July 20, 1992).
88 185 Searchlight 17-19 (November 1990).
89 New York Times s.1 p. 10 (February 23, 1992).
90 182 Searchlight 3 (August 1990); 183 Searchlight 5 (September 1990).
91 Guardian 9 (October 14, 1991), 5 (October 23, 1991), 9 (October 28,
1991). During the 1992 Democratic National Convention an anti-abortion
activist stopped Clinton in the street and thrust a foetus in his face. If
this "speech" should be protected, what about the British artist who
made freeze-dried foetuses into earrings? The Young Unknowns Gallery
in London was fined £350 for displaying them. /?v. Gibson and Another
[1990] Criminal Law Review 738, [1991 ] Criminal Appeals Reports 341.
An appeal is pending before the European Commission for Human
Rights.
92 Bill Moyers's PBS documentary "Hate on Trial" (February 5, 1992).
93 Los Angeles Times B1 (January 31, 1992).
94 New York Times A27 (December 11, 1991), A14 (December 30, 1991).
95 Lee (1990: 120).
96 179 Searchlight 7 (May 1990), 189 Searchlight 5 (March 1991).
97 See, e.g. Ernst & Lindey (1936); Dean (1953); Lewis (1992).
98 Guardian 1-2 (October 30, 1991), 2 (November 1, 1991), 1 (November
5, 1991).
99 Tobacco Institute campaigns ostensibly designed to discourage children
from smoking do just the opposite. New York Times A13 (September 2,
1992).
1 New York Times 12 (March 28, 1992).
2 GLC(1984d:21).
3 Bill Moyers's PBS documentary "Hate on Trial" (February 5, 1992).
4 The Brooklyn Museum opened an exhibit entitled "Too Shocking to
Show," featuring artists censored by the NEA, including Holly Hughes
(whose performance art depicts female sexuality), Tim Miller (on gay
male sexuality), Scarlet O (whose masturbation caused the Franklin
Furnace performance space to lose its 1992/93 grant), and Saphire
(whose poem "Wild Thing," about race and sexuality, was called
blasphemous by Rev. Donald Wildmon). The museum director commented:
"We feel very strongly about freedom of artistic expression. The
issue of censorship is not going to go away. . . . it's a matter of standing
up and being counted." New York Times B8 (June 19, 1992). The exhibit
catalogue was published with an explanatory essay. Freedberg (1992).
Dan Quayle's attack on "Murphy Brown," already CBS's highest-rated
entertainment series, allowed the network to raise its price 114 per cent
120