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Sunday, December 14, 2008

Throwing the Shoe at the First Amendment

It's hard not to burst out laughing when you see the first part of the journalist throwing two shoes at George Bush at a press conference in Baghdad today, but the second part has some horrible echoes of assassinations (see the video below), and the incident raises some serious questions about the First Amendment.

Muntadar al-Zeidi, the shoe-thrower, is an Al-Baghdadia television correspondent, according to AP as reported by Bloomberg News. Muntadar al-Zeidi was taken into custody, and Fox News reported this afternoon that Al-Baghdadia and other Iraqi journalists have called for his release, on grounds that his shoe-throwing is protected under the First Amendment.

To begin with, it serves little purpose to note, as Fox commentator Julie Banderas said to her colleague Gregg Jarrett, that Iraq has no First Amendment. That's true, but the far more important point is whether shoe-throwing constitutes a kind of speech or press, and therefore deserving of First Amendment protection, if Iraq did have a First Amendment, or if a similar incident happened here.

The answer, I would say, is clearly no. Throwing a shoe may indeed be a political statement, but it is also a form of assault, as Banderas did correctly observe. If the shoe is steel-tipped, it could do serious damage - like taking out an eye.

Here's a handy check list:

"This is the farewell kiss, you dog," al-Zeidi said when he threw the shoe. Protected under the First Amendment.

"This is from the widows, the orphans and those who were killed in Iraq," al-Zeidi said as he was being led away. Also protected under the First Amendment.

Throwing a shoe - or, in this case, two? I don't think so. Throw the book at him.

4 comments:

Anonymous said...

So now ... if someone takes off their shoe, but doesn't throw it, that person could be indicted for attempted assault, right? Whatev.

Just sayin'...

I wonder if this news clip will be in the Bush presidential library archives ... maybe as a footnote.

Paul Levinson said...

I would say taking off your shoe would not in itself be grounds for indictment for attempted assault, since the shoe is in almost all cases not sed as a weapon of assault ... So, taking off your shoe would more likely be an indication of a pebble in it, than an intention to assault ... :)

Yulia Golobokova said...

Here is a real example of violation of the First Amendment that occurred in similar circumstances. Two days ago an acquaintance of mine interrupted the speech of Russian president Dmitry Medvedev about the constitution. The guy shouted that people should not listen to a person who had just changed the constitution and extended the presidential term from 4 years to 6. "There is no freedom of speech in the country, and he keeps talking about the importance of the constitution", he said while being led from the hall by two men. One Russian channel showed the video (http://www.youtube.com/watch?v=VZ6_Uh2Gc8s&feature=related - the action starts from 1:50) with a comment: "We are showing it - that means there is freedom of speech in Russia".
The guy was kept in a detention facility for 5 hours.
There is no First Amendment in Russia. Though freedom of speech is guaranteed by the Russian constitution. Unfortunately, it doesn't help.

Paul Levinson said...

Thanks for that example, Yulia.

It provides a stark reminder of the need to defend the First Amendment in America, and do what we can - nonviolently - to explain its values to the rest of the world.

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