Another left-wing assault on free speech has been launched by the infamous 9th Circuit Court of Appeals in California. The sages who sit on this august body have handed down a ruling which, well, let's let George Will describe what has happened:
Marriage is the foundation of the natural family and sustains family values. That sentence is inflammatory, perhaps even a hate crime.
At least it is in Oakland, Calif. That city's government says those words, italicized here, constitute something akin to hate speech and can be proscribed from the government's open e-mail system and employee bulletin board.
When the McCain-Feingold law empowered government to regulate the quantity, content and timing of political campaign speech about government, it was predictable that the right of free speech would increasingly be sacrificed to various social objectives that free speech supposedly impedes. And it was predictable that speech suppression would become an instrument of cultural combat, used to settle ideological scores and advance political agendas by silencing adversaries.
That has happened in Oakland. And, predictably, the ineffable U.S. Court of Appeals for the 9th Circuit has ratified this abridgement of First Amendment protections. Fortunately, overturning the 9th Circuit is steady work for the U.S. Supreme Court.
Some African American Christian women working for Oakland's government organized the Good News Employee Association (GNEA), which they announced with a flier describing their group as "a forum for people of Faith to express their views on the contemporary issues of the day. With respect for the Natural Family, Marriage and Family Values."
The flier was distributed after other employees' groups, including those advocating gay rights, had advertised their political views and activities on the city's e-mail system and bulletin board. When the GNEA asked for equal opportunity to communicate by that system and that board, it was denied. Furthermore, the flier they posted was taken down and destroyed by city officials, who declared it "homophobic" and disruptive.
The city government said the flier was "determined" to promote harassment based on sexual orientation. The city warned that the flier and communications like it could result in disciplinary action "up to and including termination."
Effectively, the city has proscribed any speech that even one person might say questioned the gay rights agenda and therefore created what that person felt was a "hostile" environment. This, even though gay rights advocates used the city's communication system to advertise "Happy Coming Out Day." Yet the terms "natural family," "marriage" and "family values" are considered intolerably inflammatory.
The treatment of the GNEA illustrates one technique by which America's growing ranks of self-appointed speech police expand their reach: They wait until groups they disagree with, such as the GNEA, are provoked to respond to them in public debates, then they persecute them for annoying those to whom they are responding. In Oakland, this dialectic of censorship proceeded on a reasonable premise joined to a preposterous theory.
The premise is that city officials are entitled to maintain workplace order and decorum. The theory is that government supervisors have such unbridled power of prior restraint on speech in the name of protecting order and decorum that they can nullify the First Amendment by declaring that even the mild text of the GNEA flier is inherently disruptive.
The flier supposedly violated the city regulation prohibiting "discrimination and/or harassment based on sexual orientation." The only cited disruption was one lesbian's complaint that the flier made her feel "targeted" and "excluded." So anyone has the power to be a censor just by saying someone's speech has hurt his or her feelings.
Unless the speech is "progressive." If the GNEA claimed it felt "excluded" by advocacy of the gay rights agenda, would that advocacy have been suppressed? Of course not -- although the GNEA's members could plausibly argue that the city's speech police have created a "hostile" environment against them.
There was a time back in the sixties when the left, headed by the likes of the late Mario Savio and the Berkeley Free Speech movement, fought for everyone's right to say whatever they pleased, but nowadays they've become much more selective about who should have the right to speak and who shouldn't. They still campaign for the rights of pornographers and movie-makers to pollute the culture, of course, but if you wish to extoll traditional notions of marriage and family, well, then you better be prepared to be fired from your job.
At the next candidates' debate every Democratic candidate ought to be asked which side they support in this case, and they should be compelled to answer without waffling. It would be a far more enlightening line of questioning than asking the Republicans, as CNN did in the last debate, how many of them believe in evolution.
Meanwhile, Chip Bok offers his opinion of the state of free speech in America:
