The 2005 Jefferson Muzzles

Anonymous Patron writes ”
Since 1992, the Thomas Jefferson Center for the Protection of Free Expression has celebrated the birth and ideals of its namesake by calling attention to those who in the past year forgot or disregarded Mr. Jefferson’s admonition that freedom of speech “cannot be limited without being lost.”

The 2005 Jefferson Muzzles went to the FCC, NASCAR, a few high schools, and several federal agencies.
To hear Thomas Jefferson Center Robert O’Neil speak with radio essayist Janis Jaquith about the 2005 Jefferson Muzzles, down load the PodCast. Congrats to all the winners!”

April 13, 2005 by Uncategorized 2

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2 Responses

  1. GregS* says:
    April 13, 2005 at 11:00 pm

    obviously not about actual limits
    The NASCAR listing perked my interest so I read what happened. Here’s the last couple paragraphs:


    As a private corporation, NASCAR may establish rules by which its drivers must abide. Since there is no state actor in play here, there is clearly no First Amendment violation. But it is important to recognize the power imbalance inherent in the contractual relationship between NASCAR and the drivers. NASCAR drivers abide by the rules not because they are necessarily fair and just, but because they have to in order to continue to race. Given this inequality in bargaining positions, NASCAR should exercise its power in a manner sensitive to the fact it is regulating the drivers’ exercise of a fundamental American freedom. Just as Earnhardt should act as a “role model for young people,” so too should NASCAR by enforcing its rules in a way that values freedom and reflects an understanding that even role models are human, subject to the occasional slip of the tongue.

    Had NASCAR merely imposed a lesser financial fine on Earnhardt, no Muzzle would have been warranted. Yet to punish Earnhardt in a manner so out of proportion to the offense sends a message far more dangerous than anything conveyed by the spontaneous expression of a relatively mild four-letter word. Rather than teaching the responsible use of language, the NASCAR penalty sends the message that speech is something to be feared not valued–that it is better not to speak at all than to risk the consequences of a slip of the tongue. The chilling consequences of this message earns NASCAR a 2005 Jefferson Muzzle.

    Emphasis mine. The fine was $10,000 which would be pocket change to someone like Dale Earnhardt Jr.

    Reply
  2. michaelkpate says:
    April 14, 2005 at 12:27 am

    Re:obviously not about actual limits
    The fine was nothing. The points could have been a huge deal if Junior had missed the championship by 25 points or less. But since Dale missed ended up 5th and 138 points back, those didn’t matter either.

    I can’t wait until next year when they weigh in about Shane Hmiel’s hand gestures. Frankly, I think they were looking for some cheap publicity, and invoking the Driver of the 8 is a great way to do that.

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