1st Amendment and Talk Show Hosts

Re “Talking Around the 1st Amendment,” Commentary, July 1: In criticizing an unnamed radio talk show host for displays of “bigotry” and “sexism,” Alan Dershowitz postulates that there “must be an option between the twin evils of government censorship and private, silent acquiescence of bigotry.” He advocates an “ethics code” for talk show hosts, perhaps similar to the Canon of Ethics which does such a good job of policing Dershowitz’s own profession.

There is no compromise between free speech and censorship. If Dershowitz’s “ethics code” is to do anything more than supposedly reassure the public that we’re good people who deplore anybody who puts down another person’s race, lifestyle or creed, it will be an attempt at censorship. Dershowitz is certainly free to rally as many broadcast heads, disc jockeys, newscasters and others to publicly put down “shock jocks” by expressing their personal beliefs that such material is bad. After all, even the Supreme Court has said that the answer to “bad speech” is more speech.

Dershowitz recognizes that “normally, the marketplace of ideas regulates such despicable views by rejecting them.” Yet Dershowitz feels no compunction about attempting to tamper with this supply-and-demand arrangement simply because what he hears offends him. Perhaps he should be reminded that he already wields the ultimate censorship device: the off switch.

MARK KERNES

Hollywood

* Dershowitz neglected to mention one of the attributes of talk show hosts who push the envelope on free speech: They don’t believe in extending the privilege to anyone else. If you doubt it, try calling Rush Limbaugh with a dissenting opinion. You may get past his screeners, but if you present an even minimally articulate opposing viewpoint, your air time will be measured in milliseconds.

The 1st Amendment privilege is founded on the precept that the remedy for bad speech--whether subversive, obscene or hateful--is more speech. But talk jocks who shelter under the privilege have unfettered freedom to snuff any expression that differs from their own.

MARGARET ECHEVARRIA

El Segundo

* Apparently, this voluntary ethics code will place the badge of shame on those talk show hosts who exercise their 1st Amendment rights in ways offensive to Dershowitz and, therefore, they will immediately repent and sin no more. The problem with Dershowitz’s column is that he assumes we all are taking him and his talk show colleagues seriously.

CHARLES H. SMITH

Long Beach