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Obscenity and Free Speech

What are the limits on the First Amendment?

By Johann HollarPublished 5 months ago 4 min read
https://firstamendment.mtsu.edu/post/does-the-first-amendment-go-too-far/

In the Law and Order: Special Victims Unit Episode titled Obscene, controversial teen star Jessie Dawning (Maggie Grace) is found unconscious and was raped in her trailer. The detectives turn their attention towards anti-smut activists Carolyn Spencer (Dana Delany) and radio shock jock B.J. Cameron (Lewis Black) who said some rather questionable things about the teen star.

The detectives then find out it was Danny Spencer (Ricky Ullman) the son of Carolyn Spencer who had done the deed most foul.

It turns out Danny was trying to impress B.J. Cameron and after confessing to this, his mother Carolyn shoots the shock jock, not killing him, leading to her being punt on trial for attempted murder. It was then revealed to Danny that his mother didn't shoot B.J. Cameron out of revenge, but to further her own anti-smut crusade. Danny takes a deal that was offered to him by Casey Novak (Diane Neal) in defiance of his mother.

The jury comes back deadlocked, with a discussion afterwards between Eliot Stabler (Christopher Meloni) and Casey Novak about the results of the trial:

"Novak: How do you deadlock with a mountain of evidence in front of you?

Stabler: The jury thought BJ deserved what he got.

Novak: He flapped his mouth on the radio. She picked up a gun and shot him. There's no question who broke the law here.

Stabler: No, but after hearing BJ on the stand, half the jury would've done what Carolyn did."(1)

To which afterwards the other Detectives and Captain Cragen (Dan Florek) are listening to BJ Cameron's ranting on the radio to which Stabler replies:

"Detective Elliot Stabler: [listening to BJ Cameron on the radio] And you wonder why people want that guy to shut up.

A.D.A. Casey Novak: Nobody's forcing them to listen.

[turns off the radio]" (2)

____________________________________________________

The point of why I brought up this episode of Law and Order: SVU was because this episode in particular if you were to watch this episode, seems to ask the question about the First Amendment and makes one wonder what should/shouldn't be protected by the First Amendment.

Here's some other quotes from the episode that I would think factors into my option here:

"Danny Spencer: Look, I'm sure you hate me.

Jessie Dawning: Shut up! You don't get to defend yourself. What you did to me You think I'm trash, don't you?

Danny: No. No, I... I don't.

Jessie: But all those things that BJ said about me you think are funny. Breaking into my trailer and stealing my panties.

Danny: It was just a stupid prank.

Jessie: You call raping me a prank?

Danny: I wish I could take it all back. I'm sorry.

Jessie: You're sorry? How could you be sorry when you went on the radio and bragged about what you did to me?

Danny: BJ started making jokes. I was just trying to keep up.

Jessie: Was your mom just trying to keep up, too? Because she said she wished I was dead.

Danny: No, no. She didn't mean it like that.

Jessie: She thinks she is so perfect, but all she does is give kids somebody to blame when they do something wrong. Kids shoot up a high school, blame Marilyn Manson. You raped me. Blame BJ Cameron.

Novak: Danny, you're the only one who knows what really happened. You can own up to it like a man or you can hide behind your mother."(1)

The fact that Carolyn Spencer wished Jessie Dawning dead I would think raises a red flag and it should not be protected by the first Amendment. I've gotten in trouble for making threats like that in the past and I have had it held against me. It should be no different for anyone else, especially Trump and Fox News.

As for blaming Marilyn Manson or other forms of entertainment for why school shootings happen: that is beyond stupid.

"Novak: Mr. Cameron, do you think that the KKK or Aryan Nations are funny?

BJ Cameron: Only in that they're the most ignorant bunch of jackasses in the country.

Novak: So you don't agree with their views, but do you think they should still be allowed to express them?

BJ Cameron: They may be hate-mongering idiots, but they still have the right to speak their minds like everyone else.

Novak: So, as much as you dislike their views, do you think it's okay just to go out and shoot them?

BJ Cameron: No.

Novak: Thank you. Nothing further." (1)

I myself have never really believed that the KKK or the Aryan Nation should have the right to free speech. Back when this episode aired on 10/12/2004 the illegal war in Iraq started by the Bush Jr. Administration was going on (still continued on after this episode) the people who were opposed to war were being treated as the bad guys and even becoming victims of the so-called "Patriot Act".

I of course am not preventing those right-wing nutjobs from having the freedom to express themselves. I am merely just wondering why they don't get beaten up and jailed, whereas more liberal minded folk do.

As for whether it's okay or not to go out and shoot them: I can't say that it would be okay to go out and shoot them, I will say however that it would not surprise me anymore if somebody did go out and shoot "people" like them.

____________________________________________________

While I am not the greatest fan of the Law and Order: Special Victims series, there are times when they have episodes like this one that tackle serious real-life issues.

I loathe BJ Cameron because he gets paid a fortune to spew the crap that he does and have no sympathy for him, but Carolyn Spencer is worse.

She made a death threat towards a child celebrity; she shot at someone to further her own cause rather than for her child, and yet even in the end she still took no responsibility for her actions and considered it might have been her fault that her son broke the law.

In the end, I think that if more people want to combat all the obscenities, smut and other forms of anti-intellectual garbage that they obviously do not like, they should do what Casey Novak did and just shut such things off.

It's not like we are living in North Korea.

(1) https://lawandorder.fandom.com/wiki/Obscene

(2) https://www.imdb.com/title/tt0629692/quotes/?ref_=tt_dyk_qu

humanitytv reviewpop culturequotes

About the Creator

Johann Hollar

I had attended Minnesota State University Mankato where I received my Bachelors in History with a Minor in Philosophy. I currently work at the Woodbury Village Target as a Stocker when I am not writing you all such interesting stories.

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    Written by Johann Hollar