Alexander Meiklejohn offers a provocative reading of First Amendment, one that focuses more on ends than means and one that settles, ultimately, on vitality of relationship between public communication and self-governance. Meiklejohn rejects standard libertarian view of freedom of expression, which regards individual liberty as sacrosanct, and substitutes for it a rationale for free speech and a free press that, on balance, favors what community needs to hear over what individuals want to say. Democracy demands a certain quality of public debate, Meiklejohn contends, more than it requires opportunities for individuals to promote themselves and their personal interests. To be sure, Meiklejohn believes that First Amendment protects freedom of speech, not freedom to speak; that Constitution safeguards content of expression, not individual expression; and that democracy requires uninhibited communication as a condition of popular sovereignty, not as a prerequisite for private gain. When Meiklejohn famously What is essential is not that everyone shall speak, but that everything worth saying shall be said, he meant that First Amendment, properly conceived, provides for the common needs of all members of body politic and has, comparatively, concern for needs of individuals to express themselves.1 Any number of First Amendment theorists rely on Meiklejohn for a framework for affirming importance of connection between public discussion and democratic participation,2 but here I turn to Meiklejohn for support for more modest claim that campus press ought to steer clear of advertisements that amount to little more than pernicious speech. In this misappropriation of his work, I use Meiklejohn's distinction between unregulated talkativeness and responsible and regulated discussion, along with Amy Gutmann's distinction between tolerating and respecting speech, to argue against sadly popular view that individuals and organizations can use purchased space in student newspapers to say just about anything they want to say. Pernicious Speech and Stanford Daily In late 2003 Stanford Daily, Stanford University's independent student newspaper, published a series of advertisements from a group called One Truth Foundation, whose members disturbed by false accusations and untruths being told by many in Arab world but whose web site lists no members, no location, no phone number, and no mailing address. One ad compared effect of a Palestinian's attack on his Israeli victims (29 civilians murdered, 140 wounded, 20 seriously wounded) with effect on his Palestinian family ($25,000 in cash, furnished apartment, pension for life, celebrity status). Another ad included a photograph of destruction caused by a bomb that exploded in cafeteria at Hebrew University of Jerusalem; caption read, On July 31, 2002, a Palestinian terrorist murdered 12 students and wounded 80 Americans, and Arabs, because they dared to hang out together. A third ad depicted with two photographs response to September 11, 2001, in Tel-Aviv and in Lebanon: Israelis mourned, Palestinians celebrated. All three ads included Foundation's trademarked tag line, There are two sides to every story, but only one truth. Unsurprisingly, ads elicited outpouring of commentary, mostly outrage, ranging from a flood of letters, as Daily itself described deluge, to a petition to recall editor, signed by several hundred students, alumni, and local residents. Most of commentary denounced ads as, variously, racist, distasteful, offensive, dehumanizing, an expression of hate, and an act of intolerance. A few letter writers supported publication of ads, but usually without explicit endorsement of content of ads. The Daily's editor joined debate with a signed editorial, which began with a quote from Eugene Patterson, former president of St. …
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