Personal reflections on freedom of speech

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I once had a hangman’s noose dropped around my head. Obviously, I’m against lynching. (It was annoying. I was 17 and trying to work up the nerve to ask out a pretty high school classmate named Joyland when I was interrupted by the noose.)

Charles M. Kelly

There’s a t-shirt that calls for lynching of journalists. I’m not going to tell you where to buy that shirt. If you really want it, you’re perfectly capable of figuring that out on your own. No one can sue you if you print the shirt, wear the shirt, or sell the shirt. The police can’t arrest you for wearing that shirt. You can’t make me thank you for wearing that shirt. Nor will I.

That’s freedom of `, for both of us, if slightly oversimplified. 

Suppose you called me subhuman. I’d be mighty insulted, but I couldn’t sue you or have you arrested for saying so. By the way, I’ve heard it before, back in elementary school. Today, I’d probably yawn. But don’t expect me to send you a Christmas card; you’ll be disappointed.

If you wore a shirt calling for the lynching of Charles M. Kelly, you might have a legal problem and I’d have a solid legal argument for defending myself. That’s because death threats, ransom notes, and bribes are not protected forms of speech.

One of my ancestors died at Andersonville prison of war camp for Union soldiers captured by the Confederate States of America. You have the right to fly the Confederate flag over your house. I have the right to refuse to salute the Confederate flag. 

I’ve witnessed what appeared to be censorship at point blank range. About two months before my 13th birthday, I tried to check “Jaws” out of the neighborhood public library branch. The librarian said I needed a note from my parents. I got the note and read the book, but after that I went straight to the book stacks, sat on the floor, and read books without checking them out of the library. The librarian never caught me.

Another example: In the original Sherlock Holmes stories, Holmes used cocaine. Watson condemned the practice. To advance the war on drugs, some publishers leave out Holmes’ cocaine abuse. Problem: Those publishers also edit out Dr. Watson’s anti-drug speeches. So to advance the war on drugs, they’re essentially canceling anti-drug messages. 

You currently have a right to submit a Letter to the Editor of any news organizatin without a city, county, state, or federal official reviewing it before publication. 

You have a right to question your city government at council meetings. They aren’t granting you a privilege.  You are exercising a fundamental right, protected by law, for which too many individuals died and others (like my father) got shot defending.  

Everyone of the roughly 25,000 residents of Seal Beach has the right to question or criticize me, our public officials (elected, appointed, and employed alike), or criticize a TV show. They have the right to pitch story ideas to me. Only my superiors in our private company can order me to write stories or take assignments from me or decide when or whether my stories are published. 

If you have been offended by my words, you know where to email me. 

Charles M. Kelly is associate editor of the Sun. He is also a grouch.