Thursday, October 13, 2011

He got an 'F' in Analogies

As you have probably heard, Hank Williams, Jr. masterfully crafted an analogical comparison between Barack Obama and Adolf Hitler.  (This is sarcasm folks.  Calm down.)

Now, as everyone knows, it's never OK to use a Hitler/Nazi comparison on broadcast TV unless 99.5% of the network's audience equally reviles that person.  In fact, unless you're on MTV (or Fox News if it's a right wing statement), you generally must never say anything slightly controversial.

The best part of this is, ESPN didn't fire Hank Williams, Jr.  No no no no no...Hank quit.

I'm sorry...that's not the best part.  The BEST part is, and I quote, "(ESPN) stepped on the Toes of The First Amendment".

Now boys and girls, pay close attention, because this is what happens when you rely on your 4th grade understanding of the First Amendment.  Don't let this happen to you and learn from this, because when you grow up and enter the real world, knowing what the First Amendment actually protects is very important.

For those of you who don't know, the First Amendment provides that "Congress shall make no law...abridging the freedom of speech, or of the press..."

In simpler terms, it says that you have freedom of speech and Congress can't prevent you from saying or printing it.  It does not say that you have the right to say whatever stupid drivel that first enters your brain and do so with no consequences.  Hank has the right to say stupid stuff.  ESPN also has the right to choose whomever it wants associated with its name.  ESPN is a business, not your vehicle for spewing nonsense, and if it feels you are a liability then they have every right to protect the image of their brand name.

There's also another consideration.  Not all speech is protected.  There are some very notable exceptions to the freedom of speech (defamation; time, place and manner restrictions; child pornography; commercial speech; etc.).  This means you can't yell 'FIRE!' in a crowded theater (unless there actually IS a fire), you can't print in a newspaper that your boss is a thief (unless he's an attorney), you can't advertise that your Chinese food is MSG-free if you're liberally sprinkling Ac'cent on it, so on and so forth.

(This isn't a comprehensive list of exceptions, and there are even exceptions to the exceptions.  What I'm trying to say is...don't take this as legal advise.  I'm probably getting into enough trouble with this post as it is.  All I need is for one of you guys to go out there and say something stupid, point the finger at me and say 'but he said it's ok!').

One of these exceptions is Radio and Television, due to the "scarcity rationale'' (i.e. there are more people wanting to say stupid stuff than there are wavelengths available to carry it).  ESPN is regulated by the FCC.  While I doubt the FCC will pull ESPN's license for a Hitler comparison, they can't simply cater to an escalated lack of prudence to any future gems that Hank decides to bring up.

So remember friends, there are very important lessons to be learned here:

1) Say what you want, but not on your employer's dime.
2) Be prepared to face the consequences of what you say.
3) The Lions are awesome this season.  Deal with it Dallas and Chicago.