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Thomas: Founding Fathers couldn't foresee this
The television and the Internet age were still a long ways off in 1789
Please crank up your imagination a notch or two, if you will, and try to envision this scene: It's a hot day in 1789 in Philadelphia and some of the Founding Fathers — John Adams, Benjamin Franklin, Alexander Hamilton and Thomas Jefferson — are gathered at the Liberty Bell Pub & Tavern, each sipping a second pint of Continental Ale.
Adams: Well, Tom, you're the one who thinks we need this Bill of Rights — whatever that may be — so where do we start?
Jefferson: First must come the right of freedom of speech.
Hamilton: For everybody? Surely, not for women, too.
Franklin: Oh, we'll let them speak, all right — we just won't let them vote.
They all bang their ale mugs on the table in unanimous agreement.
Adams: So, any man can climb up on a soapbox in any public square, and say whatever he wants to say?
Hamilton: What if what he wants to say are dirty words?
Adams: Surely, no authentic gentleman would want to do that.
Franklin: But we're not limiting freedom of speech to authentic gentlemen, are we?
Jefferson: No, we're not — and we're not limiting it to just one soapbox in just one public square, either. Try to imagine someone really wealthy...
Franklin: You mean like us.
Jefferson: ... And he hires 100 men to get up on 100 soapboxes in 100 public squares all over the country — spouting the same opinion.
Hamilton: Mercy! And they might all be spouting obscenity?
Adams: Surely, no Supreme Court would permit obscenity under the guise of freedom of speech.
Franklin: How do we know what a future Supreme Court will do? We did give the justices the last word on just about everything, didn't we?
Adams: Yes and, surely, men sitting on the U.S. Supreme Court will never sanction obscenity in any form.
Franklin: But one man's obscenity is another man's art. We all enjoy viewing beautiful naked women, don't we? — and pictures of beautiful naked women.
Hamilton: In art, Ben, I believe they're called nude — not naked.
Franklin: Whatever they're called, in the far-off unforeseeable future, suppose that viewing pictures of unclothed women becomes such a common practice — even in public — that Congress feels it must be regulated?
Jefferson: Some of the most famous paintings in history have been of nude women. Surely, the Supreme Court wouldn't permit Congress to ban works of art.
Adams: Are you suggesting that gentlemen justices would equate nudity with free speech?
Jefferson: We can't possibly imagine what standards future generations might set.
Hamilton: Just as they won't be able to imagine the standards set in our time.
Franklin: Let's go back to 100 men on 100 soapboxes. Suppose that instead of relying on soapboxes, this wealthy man owns a newspaper and he disseminates his views and what he considers art that way.
Hamilton: Are we really willing to extend freedom of speech to newspapers?
Jefferson: Yes, even to newspapers and even to the obscenities that some men consider art.
Adams: Surely, Congress will put some limit on such skullduggery.
Franklin: Don't bet on that, John. And let's take this one giant step further: In some distant future, what if some scientific madman invents a means to communicate with every person in this country — all at the same time?
Adams: Oh, Ben, you do come up with the silliest ideas.
Jefferson: No, suppose that really happens. Remember, hardly anyone could read until Johann Gutenberg invented the printing press in 1440. Now, almost everyone does.
Franklin: Yes, even women do.
Hamilton: Who knows what inventions the future may hold in store 300 years from now? Would freedom of speech apply to this new means of instant mass communication?
Jefferson: It must and now we've gone way beyond 100 soapboxes.
Franklin: Oh, yes. Now each citizen can have exactly as much freedom of speech as he can afford, including freedom to offend other people.
Adams: Ben, you're such a worry wart. You must have more faith in human beings.
Franklin: The trouble is, they're all too human.
Hamilton: Do us all a favor, Ben — drink your ale and go fly a kite.
Footnote: Since the Founding Fathers shared a pint of ale in 1789, the U.S. Supreme Court has ruled that almost all art, including some that offends most Americans, is a form of free speech protected by the Bill of Rights.
— Chuck Thomas is a Star columnist whose column appears on the Opinion pages each Saturday. His e-mail address is star4cthomas@earthlink.net.




Posted by luvsDC on May 17, 2008 at 8:23 p.m. (Suggest removal)
How does the above gibberish make it into the pages of the STAR?
Posted by nelsonknows on July 1, 2008 at 9:55 a.m. (Suggest removal)
Chuck, maybe you should take a U.S. Constitutional History course, then you might find out that James Madison wrote most of the Bill of Rights, Jefferson was in France as U.S. Ambassador, Adams wasn't at the Constitutional Convention, nor did he sign the Constitution, and Ben Franklin's appointment to the Convention was honorary and he usually didn't attend. Nice bit of fiction though.
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