Supreme Court, ‘Free Speech’

Earlier this term the U.S. Supreme Court ruled that when indigent people camp out in a public park to demonstrate their need for public housing they are not exercising “free speech” within the meaning of the First Amendment. The court held that such demonstrations would not be protected when the executive sought to end them with its police power.

Now the Supreme Court has ruled that the act of publicly proclaiming resistance to the draft registration law was not “free speech” within he meaning of the First Amendment. In this case the government acknowledged that the only reason the defendant was prosecuted was that he had spoken out.

Now that the court has ruled that a non-vocal demonstration of one’s opinion is not protected “free speech” and that announced opinion is not protected “free speech,” one might well ask what kind of expression is left to be protected by the First Amendment.

The court also answered that question. The court ruled that writing a check, in any amount, to support the presidential candidate of your choice is “free speech” protected by the First Amendment. It might seem that writing a check falls under the non-vocal demonstration rule. But that rule was constructed to control the excesses of poor people not check writers. This court “knows” that people with plenty of money to spend on presidential campaigns are more public spirited than the slovenly poor who trash our parks during demonstrations.

It seems that a majority on the Burger Court is convinced that poor people and outspoken philosophy students are a greater threat to our nation than special interest groups with deep pockets.

THOMAS MONTAGUE HALL

Burbank

A pair of Supreme Court decisions speak volumes about the character of the court and the confusion of many young Americans.

In one case, the court ruled that political action committees, or PACs, cannot be constrained by current spending limits set down by Congress. According to the decision, such limits are an infringement on the freedom of speech.

In another ruling, the court said it is perfectly legal for the Justice Department to prosecute only the most vocal young men who refuse to register for the draft. That’s because they are the easiest to find.

It gives a whole new meaning to the phrase “money talks.”

JOAN TROSSMAN

Sherman Oaks