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News & Commentary: by Trevor Bothwell
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Conservatives and the Constitution
August 25, 2005 07:10 AM EST

Talk radio host Michael Graham has been fired from Washington, D.C.-based radio station WMAL-AM for his comment on July 21 that "Islam has, sadly, become a terrorist organization."

In the wake of this recent development, it's becoming ever too clear that even conservatives sometimes misunderstand the Constitution.

Indeed, the first sentence of Graham's formal statement regarding his release reads, "The First Amendment and I have been evicted from ABC Radio in Washington, DC."

Well, he's half right. Mr. Graham may have been evicted from ABC Radio, but the First Amendment wasn't even paying rent in the first place. As a private corporation, WMAL is under no obligation to observe it.

Most conservative columnists and bloggers are convinced that Graham was fired after WMAL buckled under pressure from the Council on American-Islamic Relations, and I tend to agree. According to Townhall.com writer Joel Mowbray:

The latest development in the month-long saga is surprising given that there was barely a stir for the first few days after Graham's original remarks--and he wasn't suspended until a week later, on July 28. Once he was suspended--which happened as a result of a CAIR-led campaign--the group instigated a campaign to have him fired.

That said, blogger Brian Maloney admitted recently that hunting down the real reasons Mr. Graham was fired is proving to be somewhat tricky. "Was he really terminated after a pressure campaign led by Islamic extremists?" Maloney asks. "Did his comments cross the line?"

Chances are Disney-owned WMAL is the only entity that truly knows why Michael Graham was fired. But the point is, it doesn't really matter why he was. Conservatives can be upset. CAIR can be happy. It matters not. WMAL should be able to hire or fire any of its employees for any reason. It's their company, their business, and their prerogative. And it's also their responsibility to suffer the consequences if they go bankrupt because of their decision.

This is where those who dispute WMAL's decision come in. Write the station, buy ad space in newspapers criticizing ABC Radio's judgment, or simply change the tuner. Let WMAL's executives know that if they want your business they had better employ talk show hosts who represent your views in the marketplace of ideas. But don't do what Michael Graham and a website supporting him have done by making statements in the vein of "CAIR WINS, FREE SPEECH LOSES AT ABC RADIO."

This is not the first time conservatives have misapplied the Constitution either. In early August Wayne LaPierre, Executive Vice President of the National Rifle Association, improperly invoked the Second Amendment as he announced a nationwide boycott of energy and oil conglomerate ConocoPhillips.

Reacting to a federal lawsuit filed by ConocoPhillips to block an Oklahoma law preventing companies from firing employees for keeping legally owned firearms in cars parked in company parking lots, LaPierre stated, "[W]e're going to make ConocoPhillips the example of what happens when a corporation takes away your Second Amendment rights."

As a member of the NRA, I support its campaign to encourage corporations to allow employees the benefits of firearm protecting on company property. But Mr. LaPierre nonetheless should have known better than to suggest that a private corporation has any duty whatsoever to uphold our right to bear arms.

Such misunderstanding of private property rights does not help the conservative movement. The fact that WMAL may be run by a bunch of pusillanimous imps who caved to CAIR's pressure is certainly pathetic, but it's not unconstitutional. Likewise, ConocoPhillips has as much right to prevent the possession of firearms on its property as you do in your own house.

The Bill of Rights is not a contract between two citizens. It's a contract between government and its citizens. It places limits on the government, not the people. If we fail to realize this, how long can we expect the government to protect private property rights if we carelessly disregard them when it comes to those with whom we simply disagree?

Trevor Bothwell is a freelance writer living in Maryland. He maintains a web log at www.therightreport.com and is a contributor to Townhall.com. Contact Trevor at bothwelltj@yahoo.com.

©2005 Trevor Bothwell




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