The irony in the elaboration.
Bay City native Madonna — no fan of censorship — probably wouldn’t be thrilled with her Michigan hometown’s violation of its citizens’ First Amendment rights. The city code prohibits people speaking during the public comment period of city commission meetings from “demeaning city officials, officers, or employees,” making “[d]erogatory comments directed at another person,” or “using vulgarities.” That’s bad news for Bay City residents who want to take the Queen of Pop’s advice to “Express Yourself.”The setting is all, dear reader. What is edgy at a concert sells records. It doesn't advance the argument at a public meeting. You'd think that would be obvious. It's a lesson, though, worth repeating.
Civilization and the pleasantness of everyday life depend on unwritten rules. Early in the 20th century, an English mathematician and government official, Lord Moulton, described complying with these rules as "obedience to the unenforceable"--the area of personal choice that falls between illegal acts and complete freedom.The elaboration warrants a Michael Munger podcast.
The difficulty that he saw was that free debate presupposes that you don't actually say anything that you want because that destroys debate. So, free debate can be self-destroying if you actually take that seriously. You have to recognize that there are unenforceable obligations of self-governance.You can't codify "demeaning," the Foundation notes.
That's where I wanted to start, was: this theme of self-governance is one that comes down to us through the ages in political economy and in moral philosophy.
The prohibitions on “demeaning” and “derogatory” comments violate the First Amendment by selectively targeting speech based on viewpoint. The Supreme Court has made clear that even a speech restriction that “evenhandedly prohibits disparagement of all groups” is viewpoint discriminatory because determining whether speech is disparaging requires the government to consider the viewpoint expressed. And basic First Amendment law dictates that speech does not lose protection because others subjectively find it offensive or otherwise objectionable.So it always is with speech codes. I wonder, though, how effective voters are expressing themselves in the Madonna fashion at a council meeting, or how well received the policy actions of the aldermen are after they've told the constituents just how deplorable they are.
That goes back to Adam Smith.
My desire for your approval and your desire to avoid my disapproval, etc., is really the foundation of civilization. That the norms that emerge from that process are what allow us to interact with each other with grace and pleasantness to make our plans. And he actually says that we are the deputies of the author of nature--meaning God doesn't need to strike down with lightning bad people. God put inside human beings this desire for the approval of others and to avoid disapproval. And that is sufficient to--it's not sufficient. It pushes us in a direction of doing the right thing.It seems so cathartic to deconstruct those bourgeois conventions, until decorum breaks down at the school board or city council, followed by governance itself.





