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April 30, 2004
Foreword to Issue 24
In this week's issue, we highlight the focused, seemingly successful remonstrations by US officials to obtain change in the policies of Aljazeera. These efforts include requests (or more) by Secretary of State Powell to have the Emir of Qatar adjust policies of the satellite broadcaster. We also include excerpts from a complex and intriguing press conference by Richard Boucher in which he sets forth a framework for justifying such intervention (Article 4). Among the aspects discussed at the press conference are: what are the specific kinds and categories of Al Jazeera activity that are subject of reproach? What remedies does the Coalition and the US consider they have available? Under what circumstances would the US government consider deploying the same remedies for US media that, it thought, crossed the Aljazeera line?
Boucher argued, not for the first time, that Aljazeera (and Al Arabiya) was guilty of "shouting fire in a crowded theater." There was some clarity and some waffling about the following issue: Is the famous American rule a First Amendment exception for any shout of fire in a crowded theater or only when there is no fire to shout about? Sometimes, it seems sufficient to be "inflammatory" and sometimes, it seems that sanctions are permissible only when the broadcast is inflammatory but false. The US doctrinal answer is fairly clear: Chief Justice Burger in his dissent in New York Times Co. v. United States said "The First Amendment right itself is not an absolute, as Justice Holmes so long ago pointed out in his aphorism concerning the right to shout "fire" in a crowded theater if there was no fire." 403 U.S. 713, 749 (1971) (Burger, C.J., dissenting). Here is Holmes' quote: "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic." Schenck v. Unites States, 249 U.S. 47, 52 (1919).
Of course, CPA Order 14 or wartime jurisprudence may mean it's especially when there is a fire that shouting is dangerous (though we'd insist that there be a modicum of due process to determine the facts and level of sanction). It is rare to see this position consistently and straightforwardly presented, but it has explanatory value. If the objective is to stabilize, to protect troops, to avoid violence, then incitement based on truth can be as powerful as incitement that's based on falsehood. Coalition officials sometimes veer close to this position. They certainly consider that a "falsehood" can consist of repetitive and exaggerated representations of an event that may have some truth. Also, it seems, in the view of the Coalition to be an incitement or a version of "shouting fire" to show Osama bin Laden broadcasting statements or showing such an image time after time.
It's possible that the "shouting fire" metaphor should be quietly retired. In an environment where actual fires are repeatedly lit in the Iraqi equivalents of crowded theaters, objecting to shouts about fires seems somewhat less legitimate. Mutual concern about imagery, about legitimacy and taste in broadcasting is, of course, always in order.
See Issue 24 for referenced articles.
Posted by Matthew Burton on April 30, 2004 at 09:31 PM in Aljazeera, From the Editors, Violence in broadcasting | Permalink
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