John “Cougar” Mellencamp - Constitutional Scholar

Who knew?

I've enjoyed some of Mr. Mellencamp's music over the years.  Even is kinked up "Hurts So Good" is listenable.  During an interview with CMT discussing his influence in Country Music, Mr. Mellencamp drifted into discussing the First Amendment:

“I don’t think people fought and gave their lives so that some guy can sit in his bedroom and be mean. I don’t think that’s what freedom of speech is,” he continued. “Freedom of speech is really about assembly — for us to collectively have an idea. We want to get our point of view out so we can assemble and I can appoint you to be the spokesman. That’s freedom of speech — to be able to collectively speak for a sector of people. But somehow it’s turned into ‘I can be an asshole whenever I feel like, say whatever I like, be disrespectful to people and not be courteous.’ It’s not good for our society. Not being courteous is not really freedom of speech. …

“When I was growing up in the 50s, to be a good neighbor, you minded your own business,” he said. “You were polite to other people. You were polite to their kids. You looked out for the kids. Now, none of those things mean anything. … I don’t think the founding fathers died so that you could call me or you or her anything you want to say about it. I think you have to be accountable for what you say and do. People just don’t believe that anymore — (and they think) ‘I can say whatever the f- I want.’”

At the risk of being mean, let me politely disagree with Mr. Mellencamp.  People have a right to be mean.  However,  I believe in civility.  You will not see the "F" word here much, if at all.  I try to keep the tone somewhat civil, but there are a fair share of bloggers from all sides and topics that have no such convention.  And that is their right.  I do agree that civility is becoming extinct.

Where he errs is in his idea that only a spokesperson, speaking for a collective, is the only form of free speech intended by the Constitution.  It doesn't say that, nor is it implied.  That kind of view, held by the wrong people, could be dangerous indeed.  Who decided what groups have sufficiently good ideas?  Who decides which groups even have a right to exist, let alone speak? 

I speak for me.  Bobf and MOGS (when he returns from exile) speak for themselves.  It's my blog, I pay for it and I pay for the domain name, but when I invited Bob and MOGS to write, I told them I would not interfere and I don't.  They speak for themselves.

But because this blog is my property, I could change my mind, I could delete or edit their posts, or I could just delete their access.  I wouldn't do that but because it's mine, they would have no recourse if I did.

Anyone can start a blog - for free even.  Blogger, WordPress and some others offer free blogs.  After a few keystrokes and clicks, you can sit in your bedroom and be as mean as you like.  Indeed, millions fought, bled and died for that guy's right to sit in his bedroom and  be mean whether either of us like it or not.

Certainly, slander and libel should be avoided.  That stuff can get you into some real trouble.  But on the web, it's somewhat of a free for all and if you are a famous person, the rules are pretty loose when it come to those kinds of things.

Yeah, I kind of dissed Michael Jackson and yeah, I can get bothered by some of the idiots that walk among us, it's my opinion and if you don't like it, you are free to not read my rants.  On the other hand, if you come here to this blog and act reasonably civil, civility will be returned.

The First Amendment reads:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Notice, Mr. Mellencamp, that the right to assemble is in a separate and distinctive clause.  Just like that troublesome freedom of religion clause.  It doesn't say that I can only worship with a group.

Give a guy a guitar, a couple of hit songs, and they think they are ready for the Supreme Court.

VW

Hat Tip:  Newsbusters

PS.  I did the uncivil thing and filed this under "idiots"

Comments

[John Hampton]

You are so mean!

[BobF]

The Bill of Rights is what basically protects the individual from their government. We must remember that the men who wrote the Constitution just revolted from a country that was trampling individual rights. This collective type of rights Mellencamp reeks of Communism because in Communism, it's the group that has the rights, never the individual.

[Flag Gazer]

As Laura Ingraham's book title says, "SHUT UP AND SING"

Celebrities are becoming quite tiresome.

[Scott]

Hear-hear, Flag Gazer! I'm always irritated by celebs - be they musicians, or actors, or authors, whatever - who think that their fame offers them some grand pulpit from which to speak. Too often they know too little about whatever they're saying…and, kind of hoping you'll be too dazzled by their fame to notice. Somebody like Bono, hey, he's paid his dues, he gets a little more weight to his opinion. Johnny Cougar? Some dude who has some hits, suddenly thinks HIS brand of politics is all anybody needs.

I *do* believe in civility, and I do mourn the loss of neighborliness and general politeness. But, sure, you can be a schmuck all you want; you're guaranteed that right.

The way I've always heard it best expressed is this: the First Amendment means that I'll protect with my dying breath your right to say that which I would ALSO spend my dying breath railing against.