Guest commentary: A year-end review of First Amendment status

By JEFFREY M. McCALL

Americans know the First Amendment guarantees free expression through speech, press, religion and assembly. It is harder, however, to know how that noble concept gets operationalized in the real world. Public pressure and courts together work to make sense of free expression, but it is a never-ending challenge.

We know free speech lands somewhere between an expression free-for-all and absolute government oppression. Within those parameters, however, First Amendment confusion reigns. A review of free speech wrestling matches in 2013 demonstrates this confusing state of affairs.

The New York Court of Appeals ruled Fox News reporter Jana Winter does not have to return to Colorado to explain how she acquired confidential information regarding the Aurora movie shooter. Any non-reporter would have been forced to go. It's also not clear how New York courts can rule about news gathering done in another state.

Colleges are supposed to be places for open discourse. But at Modesto Junior College, a student was stopped from distributing copies of the Constitution on Constitution Day. The reason? He wasn't in a designated area, and he hadn't registered in advance. At Central Michigan University, a pro-life display was torn down. At University of California, Berkeley, the student government voted to ban the term "illegal immigrant" from campus discussions. And at Brown University, NYC's police commissioner Ray Kelly was shouted off the stage by protesters.

"Duck Dynasty" star Phil Robertson was sanctioned by A&E for his social commentary in a magazine interview. The Robertson clan makes money for A&E by being authentic, unscripted people, but A&E punished Phil for articulating his authentic opinions.

A Utah woman was assessed a $3,500 fee by an online company when she posted an Internet critique of the company for not delivering a product she ordered. The company says the charge is part of the "non-disparagement clause" online customers agree to when placing an order. The woman hasn't paid the fee, and now her credit is wrecked.

The Elmhurst Public Library rebuffed patrons who criticized the library for purchasing video games intended for mature audiences. The director said mature video games were not judged differently than other materials, and content is not a factor in acquisition. Thus, all content is equal in the eyes of this library. Dr. Seuss is the same as a Bulletstorm video game.

Speaking of libraries, the American Library Association continues with its annual Banned Books Week. The ALA is particularly upset with schools that use their own judgment to limit or prevent access to certain materials. Of course, such books aren't really banned since readers can still get the books at a bookstore, online or another library. A banned book would be unavailable in any context. To follow ALA guidelines, every book ever published would have to be in every library.

The National Football League rejected a commercial that gunmaker Daniel Defense wanted to air during the Super Bowl. The ad featured a military veteran talking about the need to keep his family safe, and showed no actual firearms. The NFL is quite OK, however, with commercials for violent movies, alcohol and sexual dysfunction. Halftime shows feature trampy behavior and players uttering f-bombs on live broadcasts, but an ad for a legal product draws a penalty flag.

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Guest commentary: A year-end review of First Amendment status