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Philly Mayor Suggests Magazine Article on Race Relations Isn't Protected by the 1st Amendment
The Volokh Conspiracy ^ | 03/18/2013 | Eugene Volokh

Posted on 03/19/2013 8:19:45 AM PDT by Pyro7480

Philadelphia magazine published an article called Being White in Philly, with the subtitle, “Whites, race, class, and the things that never get said.” Apparently the Mayor of Philadelphia, Michael Nutter, thinks there’s not even a constitutional right to say those things; in a letter to the Philadelphia Human Relations Commission, the mayor argues,

While I fully recognize that constitutional protections afforded the press are intended to protect the media from censorship by the government, the First Amendment, like other constitutional rights, is not an unfettered right, and notwithstanding the First Amendment, a publisher has a duty to the public to exercise its role in a responsible way. I ask the Commission to evaluate whether the “speech” employed in this essay is not the reckless equivalent of “shouting ‘fire!’ in a crowded theater,” its prejudiced, fact-challenged generalizations an incitement to extreme reaction.

The implication — which I think is very strong — that the “speech” is indeed unprotected by the First Amendment under the “incitement” exception is absolutely wrong: Under Brandenburg v. Ohio and Hess v. Indiana, the speech in the article is clearly protected....

The specific call in the mayor’s letter, which is for the Commission to “conduct an inquiry into the state of racial issues, biases, and attitudes within and among the many communities and neighborhoods in the City of Philadelphia,” and to “consider specifically whether Philadelphia Magazine and the writer, Bob Huber are appropriate for rebuke by the Commission,” is not as troubling — both the mayor and the Commission have the right to express their own views, and indeed it is commonly argued that the proper alternative to suppression of speech is counterspeech. But the Mayor’s rationale wasn’t just, “this speech is constitutionally protected but so is our response.”

(Excerpt) Read more at volokh.com ...


TOPICS:
KEYWORDS: nutter; pennsylvania; philadelphia; race
Bloomberg, and now Nutter. This needs to be nipped in the bud and quickly.
1 posted on 03/19/2013 8:19:45 AM PDT by Pyro7480
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To: Pyro7480
American History 101 ... Freedom of the Press.

Watch old "Lone Ranger" episodes and research Clayton Moore and HIS fight with the gummint about his (copyrighted) mask

2 posted on 03/19/2013 8:22:35 AM PDT by knarf (I say things that are true ... I have no proof ... but they're true)
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To: Pyro7480
What if a black reporter did the same thing but in reverse? Would Nutter come out with the same argument?

When liberals discriminate, it’s called “freedom of choice”. When conservatives do it, it’s “discrimination”.

3 posted on 03/19/2013 8:22:57 AM PDT by SkyDancer (Live your life in such a way that the Westboro church will want to picket your funeral.)
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To: Pyro7480

When the theater is actually burning shouting “fire” is a civic duty.


4 posted on 03/19/2013 8:23:43 AM PDT by SWAMPSNIPER (The Second Amendment, a Matter of Fact, Not a Matter of Opinion)
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To: Pyro7480

This is the second thread I’ve seen on this but neither discussed, even generally, what the statement were in the original article that have the Mayor all up in vapors. The sources the threads were based on didn’t discuss this either. What was said or alleged that has the Mayor in such a tizzy?


5 posted on 03/19/2013 8:25:31 AM PDT by circlecity
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To: circlecity

“alleged” is

that blacks aren’t always victims and whites aren’t always oppressors.

That concept is VERBOTEN.


6 posted on 03/19/2013 8:26:42 AM PDT by MrB (The difference between a Humanist and a Satanist - the latter admits whom he's working for)
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To: Pyro7480

Can’t have them White Folks waking up and seeing the hustle for what it is now, can we Nutter???

As race hustler and street thug former Mayor John Street said “Da Bruthas and Sistas are in control here now!!!”


7 posted on 03/19/2013 8:29:31 AM PDT by NFHale (The Second Amendment - By Any Means Necessary.)
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To: knarf

But he did get to keep his Foster-Grants.


8 posted on 03/19/2013 8:29:49 AM PDT by count-your-change (you don't have to be brilliant, not being stupid is enough)
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To: Pyro7480

Can’t have free speech that exposes racism or racist? or does that depend where the racism is and who the racist are? Probably should have a government agency to pre-approve all written and spoken words to insure they comply with acceptable free speech and are politically correct.


9 posted on 03/19/2013 8:30:49 AM PDT by duffee (NO poll tax, NO tax on firearms, ammunition or gun safes. NO gun free zones.)
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To: circlecity

The article is very mild actually. Anonymous whites discussing the problem of inner city crime, etc. Really radical stuff. /s
Just shows you how close we are to becoming a bannana republic with all these little Napoleons in power.


10 posted on 03/19/2013 8:31:47 AM PDT by Augustinian monk
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To: Pyro7480
The Mayor hath spoken. Thou shalt panic.

LOL! Who do these clowns think they are, anyway?

11 posted on 03/19/2013 8:32:23 AM PDT by MamaTexan (To follow Original Constitutional Intent, one MUST acknowledge the Right of Secession)
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To: Pyro7480

I wonder if this prick was critical last week of Ted Cruz, when he asked Feinstein about the constitutionality of doing with the First Amendment what she was doing with the Second?


12 posted on 03/19/2013 8:33:03 AM PDT by kevao (.)
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To: Pyro7480

13 posted on 03/19/2013 8:33:21 AM PDT by JoeProBono (A closed mouth gathers no feet - Mater tua caligas exercitus gerit ;-{)
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To: Pyro7480

Crazy talk


14 posted on 03/19/2013 8:33:41 AM PDT by wardaddy (wanna know how my kin felt during Reconstruction in Mississippi, you fixin to find out firsthand)
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To: circlecity

http://www.phillymag.com/articles/white-philly/

Only a black supremacist could find any terrible wrong there.


15 posted on 03/19/2013 8:35:09 AM PDT by Mr Rogers (America is becoming California, and California is becoming Detroit. Detroit is already hell.)
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To: wardaddy

“...Crazy talk...”

So was socialized medicine ten years ago.


16 posted on 03/19/2013 8:35:34 AM PDT by NFHale (The Second Amendment - By Any Means Necessary.)
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To: Pyro7480
Good discussion of the original meaning of freedom of speech or of the press here just in case the mayor or those discussing his comments are interested.
17 posted on 03/19/2013 8:36:28 AM PDT by loveliberty2
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To: Augustinian monk

Bingo !


18 posted on 03/19/2013 8:36:48 AM PDT by jimt (Fear is the darkroom where negatives are developed.)
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To: Pyro7480
Not all the crime in Fairmount, of course, is perpetrated by black guys from Brewerytown, the neighborhood north of Girard. But that’s the perception, and it’s generally correct: Another day, I chat with two cops sitting in their car outside Henneberry’s, a drugstore on 24th Street, and ask them who commits crimes here, large and small. Mostly, they say, black guys from North Philly.


19 posted on 03/19/2013 8:40:45 AM PDT by TexasCajun
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To: Pyro7480

Silly magazine! Don’t you know the First Amendment is for porn? /sarc


20 posted on 03/19/2013 8:41:44 AM PDT by Zionist Conspirator (Ki-hagoy vehamamlakhah 'asher lo'-ya`avdukh yove'du; vehagoyim charov yecheravu!)
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To: Pyro7480

This “mayors” attitude is that of a member of a conquering class. A conquering class rarely welcomes critical comment by the vanquished; i.e. the Roman never cared what their vanquished believed; but did care to the point of killing if the vanquished raised criticism of the Roman governance. Whites have abdicated their right to govern and must now accept what the new governing class wants and desires. Once the conquest is consolidated whites must accept all that comes with their lower status: i.e. poverty, insult, assault and ignorance. As the Gaul said to the Roman “Woe to the conquered!”


21 posted on 03/19/2013 8:43:17 AM PDT by AEMILIUS PAULUS (It is a shame that when these people give a riot)
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To: AEMILIUS PAULUS

The way to change it is to stop accepting conquered status and stand up to this new self-appointed “ruling class”.


22 posted on 03/19/2013 8:44:26 AM PDT by MrB (The difference between a Humanist and a Satanist - the latter admits whom he's working for)
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To: FReepers
I made a .pdf copy of the article in question, so anyone who'd like to have it should grab it here:   Being White in Philly.pdf   before it 'mysteriously' disappears from the net.
23 posted on 03/19/2013 8:45:08 AM PDT by tomkat
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To: Pyro7480

He wants more word control laws to stop the indiscriminate use of assault speech.


24 posted on 03/19/2013 8:45:08 AM PDT by Iron Munro (I miss America, don't you?)
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To: Pyro7480

I have a bias against poor unwed young women spreading their legs to generate welfare checks. Maybe Nutter should do something about that.


25 posted on 03/19/2013 8:45:31 AM PDT by patriotsblood
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To: Pyro7480

Do you know that Nutter started out as pro business and anti crime?

These statements by him are outrageous and that damn Philly Human Relations Commission should be declared unconstitutional.

Guess we have to be grateful he confirmed openly that whites are second class citizens. There is nothing, absolutely nothing irresponsible about that article. Unless we live in a police state with controlled news.


26 posted on 03/19/2013 8:46:15 AM PDT by Williams (No Obama)
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To: Pyro7480

I’m waiting for a black employee of Philadelphia Magazine to declare that the mag’s publishing of the article created a “hostile work environment” and sues.


27 posted on 03/19/2013 8:51:12 AM PDT by PapaBear3625 (You don't notice it's a police state until the police come for you.)
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To: MrB

What yu said is true enough. However, your advice assumes the existence of a “people”-(a population that feels and acts as a unit. Apparently we no longer are a “people” as we raise no leaders; ape the black over class; spend our days eating, drinking, drugging, copulating, evacuating the bowels, snoring and attending “the games.” We have become victims of our Grandfathers and Fathers success. The subject article and other reports article evidence the truth of what I say.


28 posted on 03/19/2013 8:52:55 AM PDT by AEMILIUS PAULUS (It is a shame that when these people give a riot)
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To: Pyro7480

The mayor of Philly is aptly named.


29 posted on 03/19/2013 8:57:51 AM PDT by mac_truck ( Aide toi et dieu t aidera)
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To: Mr Rogers
Only a black supremacist could find any terrible wrong there.

The writer broke the code of silence. In any publication read by a largely liberal audience, it is impermissible to voice what all to many white people privately think.

The power of political correctness comes from its ability to convince those of "incorrect" opinions that they are in a despised minority. If the "incorrect" are allowed to discover that they are really the majority, that the emperor truly has no clothes, then the power of the radical left is diminished.

30 posted on 03/19/2013 9:00:28 AM PDT by PapaBear3625 (You don't notice it's a police state until the police come for you.)
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To: mac_truck

I can’t find the “incitement exemption” in my copy of the constitution.


31 posted on 03/19/2013 9:02:25 AM PDT by massgopguy (I owe everything to George Bailey)
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To: Pyro7480

And the republican party would not think of doing anything with this issue, an assault on the First Amendment!

Nutter is openly saying we can control your speech just as we control guns, religion, everything.

What Nutter should be saying is “I’m sorry”.


32 posted on 03/19/2013 9:04:13 AM PDT by Williams (No Obama)
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To: SWAMPSNIPER

DemocRATS are very good at a “pick and choose” when it comes to the U.S. Constitution and the rights therein.


33 posted on 03/19/2013 9:04:36 AM PDT by Mr. Wright
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To: tomkat

bookmark


34 posted on 03/19/2013 9:07:08 AM PDT by Myrddin
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To: Pyro7480

They need to look into whether an article is the same as shouting “fire” in a crowded theater.

Next they should look into whether voting, having free thought, freedom of association - all are the same as shouting “fire” in a crowded theater.

Why stop anywhere, since to begin with a magazine article obviously is NOT anything remotely like shouting “fire” in a crowded theater.

These are communists and the things they believe are intended to smash America.

Damn it you Republican idiots, stand up for our Liberty!!!!


35 posted on 03/19/2013 9:07:26 AM PDT by Williams (No Obama)
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To: Iron Munro
He wants more word control laws to stop the indiscriminate use of assault speech.

Just some "common sense" regulations is all.

36 posted on 03/19/2013 9:07:31 AM PDT by MileHi ( "It's coming down to patriots vs the politicians." - ovrtaxt)
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To: Pyro7480

Nutter reminds me of Squidward from Sponge Bob.


37 posted on 03/19/2013 9:15:21 AM PDT by Bridesheadfan
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To: Pyro7480

Looks like Mayor Nutter is on the same bus as the muslims with their proposed anti-blasphemy laws. An unholy alliance being formed.


38 posted on 03/19/2013 9:17:27 AM PDT by Enten (I don't have islamophobia...I do have islamonausea)
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To: All
For those who haven't read the original article, "Being White In Philly" is very careful and measured...even timid. There is nothing confrontational -- or even controversial -- about it (except for the subject matter itself).

The writer is obviously a white liberal who carries a generous portion of white guilt and he approaches his subject with all the political correctness he can muster.

That the mayor -- or anybody -- would consider the article inflammatory is flat astounding. Apparently, even raising the subject is "going too far".

The affair is an illuminating example of just how far "race relations" have gone into the crapper in Philadelphia -- and, probably, most urban cities in the USA.

The word "hopeless" comes to mind.

39 posted on 03/19/2013 9:18:38 AM PDT by okie01 (The Mainstream Media: IGNORANCE ON PARADE)
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Nutter doesn’t seem to be questioning the Constitutional right of speech, but whether or not the publisher should have exercised censorship for reasons of whatever. The publisher is not Constitutionally obliged to published everything that comes across its desk.

Title is bogus.


40 posted on 03/19/2013 9:26:06 AM PDT by Gene Eric (The Palin Doctrine.)
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... obliged to publish everything ...

>> Nutter: “I ask the Commission to evaluate”

This is not an infringement. It might be anal, but not yet an infringement. Constitutional “withstanding” will prevent this from going any further. And Nutter clearly knows this.


41 posted on 03/19/2013 9:33:28 AM PDT by Gene Eric (The Palin Doctrine.)
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To: duffee

Its called the Justice department and it’s headed by Eric Holder. Where oh where have you been?


42 posted on 03/19/2013 9:34:13 AM PDT by wiggen (The teacher card. When the racism card just won't work.)
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To: Williams
Next they should look into whether voting, having free thought, freedom of association - all are the same as shouting “fire” in a crowded theater.

They haven't? the shooting down of Voter ID laws, "free speech zones", tracking net use, rebirth of the "fairness doctrine"...

43 posted on 03/19/2013 9:35:00 AM PDT by NativeSon ( Grease the floor with Crisco when I dance the Disco)
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To: Gene Eric
This is not an infringement.

So this is more like strong-arming or trying to bump up his street cred

44 posted on 03/19/2013 9:36:59 AM PDT by NativeSon ( Grease the floor with Crisco when I dance the Disco)
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To: Augustinian monk

http://www.phillymag.com/articles/white-philly/

That’s the link for those who haven’t read the article. I just read it and completely agree. The article is worse than mild, it’s weak. The writer appears so timid in his approach that he sounds as though he pleading for a kinder gentler approach to race relations, for Blacks to recognize that the new Progressive Whites are not the same old more conservative Whites of previous generations.

It’s not what I would have said at all. I went to Temple in late sixties. I was part of a committee to attract more Black students to graduate school at Temple. We were not the racists that this writer likes to think that we were. At the time, the Black Panthers were just getting started, I remember them walking down the sidewalk of North Broad, five abreast with their arms linked, laughing and clearing the sidewalk in front of them. We just laughed and moved aside to let them pass as if it was a game. We treated the kids at the clinics, my friends did volunteer work at the drug rehab, gave legal advice, and volunteered at the schools. We weren’t the enemy, even after a med school student was attacked and castrated one night, while jogging on the sidewalk near the school.

What I see today, when I visit Philadelphia is an open hostility toward White people, sullen clerks who refuse to make eye contact or speak to a White person while working the cash register, airport workers who are openly hostile and try to make your visit to Philadelphia as miserable as possible, and a real fear of mayhem. Heck, my nephew was attacked and beat up at a gas station because he took too long at the gas pump.


45 posted on 03/19/2013 10:01:34 AM PDT by Eva
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To: Eva
"That’s the link for those who haven’t read the article. I just read it and completely agree. The article is worse than mild, it’s weak. The writer appears so timid in his approach that he sounds as though he pleading for a kinder gentler approach to race relations, for Blacks to recognize that the new Progressive Whites are not the same old more conservative Whites of previous generations."

I agree completely. I was going to say the article was tame, but weak is even better. The author pines for a more gentle, conversational "can't we all get along" time. There is so much that could be said that would have been considered incendiary starting with not describing Whites who just accepted that it was okay to be robbed and mugged and just move on, but the author didn't. Nutter must really be a nutter to consider this insipid piece to be any threat at all.

46 posted on 03/19/2013 10:10:53 AM PDT by Truth29
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To: NativeSon

“It might be anal, but not yet an infringement.”


47 posted on 03/19/2013 10:23:02 AM PDT by Gene Eric (The Palin Doctrine.)
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To: Truth29

I believe that Nutter may be preparing people to defend Obama’s new appointee to head the Dept of Labor, the man who refused to prosecute the Black Panthers for voter intimidation in Philadelphia. Obama has been weak on standing up for Blacks so far and we can expect all sorts of actions on the part of his minions to rally up the Blacks to vote in the mid-term elections. Accusations of racism will be the battle cry and Perez was going to take the lead at the Dept of Labor, demanding all sorts of affirmative action policies and going after industry for imaginary racist policies.

While Holder has stated that we (the country) needs to have a conversation on race, he means a scolding lecture.


48 posted on 03/19/2013 10:44:46 AM PDT by Eva
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To: okie01

The only negative comments were made by immigrants (a Russian woman and a Panamanian woman), not by whites born and raised in the U.S.


49 posted on 03/19/2013 11:02:09 AM PDT by Verginius Rufus
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To: Pyro7480
Nutter says Magazine Article on Race Relations Isn't Protected by the 1st Amendment..

The New Normal:


50 posted on 03/19/2013 1:44:40 PM PDT by WilliamofCarmichael (If modern America's Man on Horseback is out there, Get on the damn horse already!)
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