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Posted on 09/02/2005 11:09:54 PM PDT by mattmullenix
Kirby Wilbur is a popular radio talk show host in Seattle. He is funny, intelligent, savvy, and—it must be admitted—sassy. I have been on his show twice, and he has been out to our campus in Michigan to talk to our students. I happen to agree with him on most things, but I venture that any fair person speaking with him would think him interesting and engaging, if also perhaps frustrating to oppose.
But these are not the important things about Kirby Wilbur just now. The important thing about him just now is that he is an ordinary American. He is not wealthy or well born. He was educated at the University of Washington, not at Harvard or Yale. He has not been the deputy secretary of this government agency or that. He does not teach at Stanford. He is a not a banker for JP Morgan. He is a Seattle man who happens to be smart and talented. He thrives in a world that is keenly competitive. No one listens to him because they are made to do so. His listeners have lots of choices.
Recently, this regular fellow has come under the gaze of regulatory government. Alongside him, other talk radio hosts, including John Carlson, are under the same scrutiny. Government has taken the first step toward shutting them up.
The backdrop of this attempt to deny these men free speech is a tax initiative in Seattle. An election is underway. The initiative would provide a tax reduction, and if I know him, Kirby is for it. If I know him, he invites people who are against it to come on his show and argue about it. If they do, he probably wins the argument. Probably the initiative is opposed by lots of people in government who get more money to deploy if it fails. Probably Kirby makes them angry. And now some of these people want to make Kirby report his talk show as a campaign contribution. City attorneys brought suit to compel this, and a Judge named Wickham has ruled in their favor. The Institute for Justice in Washington, D.C., has since filed an appeal against Judge Chris Wickham’s ruling.
Both radio talk shows and web logs, or blogs, are now under threat of regulation under campaign finance laws. These two ways of communicating have been revolutionary in recent years because they are cheap, they offer variety, and the barriers to entry are low. It is not easy to build a national television network. Most major newspapers enjoy near monopolies in their towns. On the other hand anyone can start a blog, and very many can and do start and manage radio stations. Podcasting and internet broadcasting will soon make that as easy as blogging—if it is still legal to do so.
The regulation of speech in our country has now reached an advanced state. This is a serious matter for an obvious reason, and also for a reason that is perhaps less obvious, but fundamental. The obvious reason is simply that this is a free country, and in such a country we ought to be able to talk. Also, we need to be able to talk, in order to cooperate in figuring things out and making decisions.
The less obvious reason goes deeper. We are blessed with the first “purely representative” form of government in history. That means that the sovereign does not directly govern. In England, at the time of the American founding, the King was the executive branch. In ancient Athens, the sovereign people met together to pass laws. The Founders of our country believed that these institutions produced despotism or runaway passions or both. So they organized that we would be governed by representatives, chosen through elections.
This means that the only way we have to control our government is through elections. And now the government, increasingly, is controlling elections in ever greater detail, and with the plainest purpose to affect who wins and loses. One of the arguments in favor of the McCain-Feingold campaign finance law was that unfair attacks were being made on candidates. Of course, it is in the interest of our elected officials to make it illegal to criticize them.
Kirby Wilbur is important today not because he is a talent, which he is. He is important because he is an ordinary citizen, enjoying no privilege except his natural gifts and the voluntary attention of his audience. If his talking freely on the radio is made illegal, then, to quote a great man, we shall have gone a long way to the point where “the people shall have ceased to be their own rulers.”
Larry P. Arnn is the president of Hillsdale College in Hillsdale, Michigan.
©2005 Larry P. Arnn
Kirby Wilbur article from Townhall
ping
Kirby is not only smart, but he really is open-minded. He'll listen to both sides of an issue and give both sides air on which to state their cases. Those of us who are regular listeners have heard what's behind this. Lawyers who won't be able to make the $ they were planning on thru bonds on the tax increase that we taxpaying citizens were not supposed to be able to vote on.
Kirby and John just got the word out. Washington taxpayers fed up with getting shafted again did the rest.
If this ruling sticks -- and I'm betting it will be overturned -- perhaps someone in WA should think about applying the same standard in a suit against the Sundance Channel -- the 24/7 anti-Bush (and anti-everything good in America) television channel. I think Sundance might be worse than NPR (but then, I stopped listening to NPR years ago, so I can't really compare the two for sleazy leftism). Just a thought...sauce for the goose, and so on.
L
I haven't researched all the issues in any depth, but I have read the lower court's decision, and as a lawyer, my gut feeling is that the ruling is too flawed for an appellate court to swallow, on both a constitutional and a political level. Wish I were barred in WA -- this I would love to handle.
Did you read the article on free republic,that in Cailfornia,they put together a law that says a political person cannot talk about homosexuality in a negative way???Oh,those lovable nazi democrats!!!!!!!Talk about Nazi Germany coming back...
If it isn't overturne, it will apply to almost everything on TV, most news networks, but particularly things like MTV.
Evergreen State ping
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Yep, just think about "west wing" 60 minutes of prime time once a week.
I love Kirby's show. I met him once and John. I think this is stupid. Free Speeh for everyone BUT conservatives?
Yep, sounds like Seattle.
I met Kirby Wilbur and John Carlson too. They are wonderful, sincere, and dynamic Americans.
Bump to the top.
KIRBY is a GREAT AMERICAN!
Kirby is a great host. Besides that he is a steak lover! I attended his 50th Birthday roast at Ruth's Chris steakhouse. There, I had the privilege to understand him on a different level when his friends and colleagues spoke candidly about him in front of the packed room.
From my experience chatting with him at certain 570 KVI events, he is easily found to be both educated and humble. More importantly, he is thoughtful and fair. Kirby knows history and who better to host a radio show? Not many.
It would be anti-American to silence a guy like this. The consequence would put American freedom and liberty in serious jeopardy.
I like Kirby, listen to him every morning going to work :o)
Libertarian ping.To be added or removed from my ping list freepmail me or post a message here You have George w Bush to thank for this smaller less intrusive goverment law.Even though he took an oath to uphold and defend the constitution he signed this bill saying he knew it violated the 1st amendment but would let h supreme joke work it all out.It seems to me that would be perjury under oath and the last time a sitting president committed perjury under oath he was impeached.But georgie boy gets a pass becasue he has an (R) next to his name wich means he walks on water then turns it into wine after he is done in the mind of most people/bots here on FR.
Do you have a link to this article?I really would like to read that and ping my list to it
Judge Chris Wickham’s ruling should be ruled a campaign contribution!
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