Julie Hilden has a good column today on Findlaw which looks at the Colbert speech from a First Amnendment perspective. Her conclusion:
Colbert launched his vituperative parody when there was no forum for the president - or anyone speaking on his behalf - to reply. Again, First Amendment doctrine seems relevant: While concepts like "equal time" now seem relics of the Sixties and Seventies, and the FCC long ago junked the "fairness doctrine," we still remain more comfortable with harsh speech when the target has a chance to quickly respond.
All else being equal, the situation would seem especially unfair in First Amendment terms because the brand of irony of which Colbert is a master serves -- as Scherer points out, quoting David Foster Wallace - "an almost exclusively negative function" for which there is no easy response.
However, all else is not equal. The president, with his "bully pulpit," has a platform from which to command attention, and a national audience, as no other individual can. If he decides to address the nation, his remarks will be televised on all networks, and will pre-empt other programs.
Not only does the Bush Administration command an audience virtually at will, but this particular administration has controlled criticism and discussion to a remarkable degree. To cite but a few examples: during his campaigns and in promoting his major initiatives, the president has held scripted "town meetings" in which the audiences are carefully screened so there's little chance of critical questions; he has censored scientific reports of the Environmental Protection Agency and NASA that don't toe the Administration line about global warming; and he has held the fewest number of press conferences of any modern president.
Considering the extensive limitations imposed on the ability to question or criticize this president, it is understandable that given the once-in-a-lifetime opportunity to publicly roast him, Colbert seized it. Colbert's in-the-President's-face parody followed the tradition of Nineteenth and early Twentieth Century political cartoonists whose caustic renderings of public figures and officials were devastating, as the newspapers they were printed in were the near-exclusive sources for the public's news.
As the late Chief Justice Rehnquist recognized, in discussing Nineteenth Century political cartoonist Thomas Nast, "The success of the Nast cartoon was achieved 'because of the emotional impact of its presentation. It continuously goes beyond the bounds of good taste and conventional manners.'" According to Rehnquist, despite the caustic nature of such satires - ridiculing the presidents of the time - they "played a prominent role in public and political debate" and "[f]rom the viewpoint of history it is clear that our political discourse would have been considerably poorer without them."
Despite the caustic nature of Colbert's satire, it is clear that given the extent to which the Bush Administration, elected officials, the news media, pundits, and the public have continued to talk about and debate his keynote -- more than a week after Colbert delivered it - Colbert, like Nast before him, has enriched our political discourse.
That he did so with the president as a captive audience may have defied protocol, but in light of the protocols regarding public debate that this president has defied, it should be viewed as fair play.
In the end, we shouldn't so automatically accept contentions like [Democratic House Minority Whip Steny] Hoyer's claim that "He is the president of the United States, and he deserves some respect." Respect ought to be based on what one does and says, not on the office one occupies. And even when the president deserves respect, he must also be accountable. Seeking to hold a president accountable through use of a caustic parody that exploits politically embarrassing events is in the best tradition of the First Amendment and encourages the robust public debate democracy requires.
[Thanks to Jo Ann, my main source for Colbert links]
absolutist
aggresive
anti-Constitutional
anti-intellectual
arrogant
authoritarian
blame-placers
blameworthy
blinkered
buckpassers
calculating
class warriors
clueless
compassionless
con artists
conniving
conscienceless
conspiratorial
corrupt
craven
criminal
crooked
culpable
damaging
dangerous
deadly
debased
deceitful
delusional
despotic
destructive
devious
disconnected
dishonorable
dishonest
disingenuous
disrespectful
dogmatic
doomed
fanatical
fantasists
felonious
hateful
heinous
hostile to science
hypocritical
ideologues
ignorant
immoral
incompetent
indifferent
inflexible
insensitive
insincere
irrational
isolated
kleptocratic
lacking in empathy
lacking in public spirit
liars
mendacious
misleading
mistrustful
non-rational
not candid
not "reality-based"
not trustworthy
oblivious
oligarchic
opportunistic
out of control
pernicious
perverse
philistine
plutocratic
prevaricating
propagandists
rapacious
relentless
reprehensible
rigid
scandalous
schemers
selfish
secretive
shameless
sleazy
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unAmerican
uncaring
uncivil
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unconstitutional
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unrealistic
unreliable
unrepresentative
unscientific
unscrupulous
unsympathetic
venal
vile
virtueless
warmongers
wicked
without integrity
wrong-headed
Thanks to: Breeze, Chuck, Ivan Raikov, Kaiju, Kathy, Roger, Shirley, S.M. Dixon
recently seen
i've got a little list...
Elliott Abrams
Steven Abrams (Kansas BofE)
David Addington
Howard Fieldstead Ahmanson
Roger Ailes (FNC)
John Ashcroft
Bob Bennett
William Bennett
Joe Biden
John Bolton
Alan Bonsell (Dover BofE)
Pat Buchanan
Bill Buckingham (Dover BofE)
George W. Bush
Saxby Chambliss
Bruce Chapman (DI)
Dick Cheney
Lynne Cheney
Richard Cohen
The Coors Family
Ann Coulter
Michael Crichton
Lanny Davis
Tom DeLay
William A. Dembski
James Dobson
Leonard Downie (WaPo)
Dinesh D’Souza
Gregg Easterbrook
Jerry Falwell
Douglas Feith
Arthur Finkelstein
Bill Frist
George Gilder
Newt Gingrich
John Gibson (FNC)
Alberto Gonzalez
Rudolph Giuliani
Sean Hannity
Katherine Harris
Fred Hiatt (WaPo)
Christopher Hitchens
David Horowitz
Don Imus
James F. Inhofe
Jesse Jackson
Philip E. Johnson
Daryn Kagan
Joe Klein
Phil Kline
Ron Klink
William Kristol
Ken Lay
Joe Lieberman
Rush Limbaugh
Trent Lott
Frank Luntz
"American Fundamentalists"
by Joel Pelletier
(click on image for more info)
Chris Matthews
Mitch McConnell
Stephen C. Meyer (DI)
Judith Miller (ex-NYT)
Zell Miller
Tom Monaghan
Sun Myung Moon
Roy Moore
Dick Morris
Rupert Murdoch
Ralph Nader
John Negroponte
Grover Norquist
Robert Novak
Ted Olson
Elspeth Reeve (TNR)
Bill O'Reilly
Martin Peretz (TNR)
Richard Perle
Ramesh Ponnuru
Ralph Reed
Pat Robertson
Karl Rove
Tim Russert
Rick Santorum
Richard Mellon Scaife
Antonin Scalia
Joe Scarborough
Susan Schmidt (WaPo)
Bill Schneider
Al Sharpton
Ron Silver
John Solomon (WaPo)
Margaret Spellings
Kenneth Starr
Randall Terry
Clarence Thomas
Richard Thompson (TMLC)
Donald Trump
Richard Viguere
Donald Wildmon
Paul Wolfowitz
Bob Woodward (WaPo)
John Yoo
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recent listening
influences
John Adams
Laurie Anderson
Aphex Twin
Isaac Asimov
Fred Astaire
J.G. Ballard
The Beatles
Busby Berkeley
John Cage
"Catch-22"
Raymond Chandler
Arthur C. Clarke
Elvis Costello
Richard Dawkins
Daniel C. Dennett
Philip K. Dick
Kevin Drum
Brian Eno
Fela
Firesign Theatre
Eliot Gelwan
William Gibson
Philip Glass
David Gordon
Stephen Jay Gould
Dashiell Hammett
"The Harder They Come"
Robert Heinlein
Joseph Heller
Frank Herbert
Douglas Hofstadter
Bill James
Gene Kelly
Stanley Kubrick
Jefferson Airplane
Ursula K. LeGuin
The Marx Brothers
John McPhee
Harry Partch
Michael C. Penta
Monty Python
Orbital
Michael Powell & Emeric Pressburger
"The Prisoner"
"The Red Shoes"
Steve Reich
Terry Riley
Oliver Sacks
Erik Satie
"Singin' in the Rain"
Stephen Sondheim
The Specials
Morton Subotnick
Talking Heads/David Byrne
Tangerine Dream
Hunter S. Thompson
J.R.R. Tolkien
"2001: A Space Odyssey"
Kurt Vonnegut
Yes
Bullshit, trolling, unthinking knee-jerk dogmatism and the drivel of idiots will be ruthlessly deleted and the posters banned.
Entertaining, interesting, intelligent, informed and informative comments will always be welcome, even when I disagree with them.
I am the sole judge of which of these qualities pertains.
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Corrections
I correct typos and other simple errors of grammar, syntax, style and presentation in my posts after the fact without necessarily posting notification of the change.
Substantive textual changes, especially reversals or major corrections, will be noted in an "Update" or a footnote.
Also, illustrations may be added to entries after their initial publication.
the story so far
unfutz: toiling in almost complete obscurity for almost 1500 days
If you read unfutz at least once a week, without fail, your teeth will be whiter and your love life more satisfying.
If you read it daily, I will come to your house, kiss you on the forehead, bathe your feet, and cook pancakes for you, with yummy syrup and everything.
(You might want to keep a watch on me, though, just to avoid the syrup ending up on your feet and the pancakes on your forehead.)
Finally, on a more mundane level, since I don't believe that anyone actually reads this stuff, I make this offer: I'll give five bucks to the first person who contacts me and asks for it -- and, believe me, right now five bucks might as well be five hundred, so this is no trivial offer.