Blue State Bluenoses
Julian Sanchez | January 25, 2005, 12:11pm
The latest in a long line of victory-through-capitulation suggestions for besieged Democrats comes from David Callahan, author of the execrable The Cheating Culture. If liberals really wanted to steal the right's culture war thunder, says Callahan, they would "complain about market capitalism run amok, about the public interest subverted, and about moral decline. They would understand that it is time for liberals to go after Hollywood." That means ramping up Liebermanesque rhetoric about the "toxic" values of the entertainment industry, from violence and sexism to the "Darwinian" competitiveness of reality shows.
Of course, Callahan has the highest regard for free speech: "Steering clear of anything that smacks of censorship," he writes, "[Democrats] should demand more aggressive voluntary steps by Hollywood to clean up its act." But as the incongruous combination of "demand" and "voluntary" suggests, it's hard to imagine acquiescence with such "demands" being driven by anything but fear of legislation. And Callahan soon thereafter urges that we begin " a revival of the regulatory vision behind the founding of the Federal Communications Commission in 1934--namely, that broadcasters must serve the public interest in exchange for access to the airwaves." Hey, David? You're smacking.
When he calls for "alternatives to market-controlled culture," Callahan is expressing a desire for some other values—his, naturally—to control culture. Of course, the market is a way of allowing values, as expressed through billions of dispersed consumption decisions, to control culture, even if the values people profess publicly sometimes differ from those they reveal at the box office or with their remote controls. And you can smile and brandish your ACLU card as much as you like in an effort to "get past the issue of free speech," but if you want to displace their values with your values, to create "alternatives" to the production of culture that's responsive to consumer demand, you're going to end up relying on either regulation or the threat of it.
Evan Williams | January 25, 2005, 2:18pm | #
"regulation is surely no substitute for popular moral restraint. government is almost built to abuse such power, i'm sure we agree. but i've yet to see the satisfactory substitute for regulation when individual emancipation undertakes to void common morality."
You're surely not the first one to ponder this quandry. Hence federalism, that whole "life, liberty, property" thing, etc., etc. The idea is that "common morality" among the whole of this country extends no further than those things enumerated in the Constitution. Beyond that, there is no interstate "common morality"; instead, it is meant to be intrastate, localized moral structures. Toss is individual guarantees, via the BoR, that trump the desires of individual state governments, and you have a pretty good system, given that it's not horrifically abused. For example, if one state's "common morality" includes the abridgement of freedom of speech or religion, then that section of their common morality is not valid.
Transfer this over to your concerns about "genocidal rage", and it all falls back to the idea of the right to be free from harm from others. Instead of trying to find an independent "alternative" to regulation (as you suggest), the system seeks to restrain regulation to a scant few protections (based on the principles of god-given rights: life, liberty and property).
You have mistaken what the quandry really is; instead of needing to find an alternative to regulation, we need to return to the spirit and the word of the Constitutional Republic. This means 50 separate experiments in "representative democracy", with certain protections provided by the central state, for all citizens, regardless of their state of residence. We need to trim back the federal government's reach to adhere to Constitutional limits. It's not a black-and-white matter of "
either regulation
or "________". It's a matter of returning to strictly enumerated regulation, which allows, at the very least, 50 different "common moralities".
And thus, the only common morality that all citizens in all 50 states
must share are the god-given right to life, liberty and property.