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FRANKLIN H. LITTELL ' Special to The Jewish. News robably few issues have concentrated more organized opin- ion and economic power in two opposing camps than the issue of pornography — or, to be more precise, the public advertising and display and sale of pornographic books and films. An American gov- ernment report is in hand; a Canadian government study is forthcoming. Why, parents and other de- cent citizens ask, should they be compelled to allow a so- called "Adult Book Store" into their neighborhood? For many who feel protective toward their children, the issue is the same as if they were compelled to allow a drug-pusher to set up shop in their neighborhood. Why, those who are mak- ing money on pornography ask, should their right to buy and sell be censored by Mrs. Grundy? And they are joined by "civil libertarians" who see in any "censorship" the specter of an impending Star Chamber. They claim that "freedom of speech" and "freedom of press" are at stake, that to yield an iota on First Amendment Liberties is to let the camel's nose into the tent. What does the First Amendment actually say? The text is clear: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exer- cise thereof or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Govern- ment for a redress of griev- ances." In recent years the Supreme Court has broadened the prohibition to include all levels of govern- ment: state, municipal and village as well as national. Perhaps it seems "teachy and preachy" to emphasize the text, but there are con- stantly cases of public con- cern where people cry out for the First Amendment — cases where the First Amendment has nothing to do with it. If a college president, for instance, says that a student cannot be stopped from using a college machine to dupli- cate and distribute racist material because his "First Amendment rights" are in- volved, it is the college president that needs to be sent back to school. The First Amendment does not apply to private associations, to churches or synagogues, to com- non-governmental munities. They have their own orders and their own Rev. Littell is founder of the Anne Frank Institute in Philadelphia. sets of liberties and respon- sibilities. The Supreme Court has re- cently decided that a law banning the advertising of harmful services is constitu- tional. There is a strong move toward limiting or pro- hibiting the advertising of tobacco. In all such cases, "freedom of speech" is argued, as though the First Amendment is intended to protect all commerce and money-making, regardless of how damaging such freedom may be in a society. The only way to settle the matter is by remembering what our basic liberties are all about. The five basic liberties listed in the First Amend- ment had one public purpose: to make possible an open and informed debate on pubic is- sues, so that everyone who was going to have to live with a policy or a law could have a part in making it. In sum, the purpose of freedom of the press and freedom of speech is simply to see to it that all useful points of view get entered into the public debate before decisions are made. The premise is that everyone who has to live with the present and future conse- quences of action by govern- ment is entitled to discuss that action before it becomes law. He is entitled without regard to his religious mem- bership or lack of it, and he is entitled to use speech, writing, assembly and peti- tion if he wishes to do so. There is only one question of weight: Does the speaking or printi Ag or other exercise of liberty help to enliven and inform the public debate? It is utter nonsense to claim, as the American Civil Liberties Union has done, that marching in uniform by American fascists — with the purpose of intimidating loyal citizens — is "symbolic speech." Such action is not edifying. It does not help build informed public opin- ion. Nor is it intended to be helpful. It is terrorism, in- tended to destabilize and undermine the free society. The declared violence of such people, which they also prac- tice, is a threat to the repub- lic and to the privacy and dignity of loyal citizens. To argue by voice or writ- ing that fascism is a better way of life than democracy is an action protected by the First Amendment. By con- trast, to organize violence against fellow-citizens is not protected, under any intelli- gent reading of the text. To argue by voice or by writing that pornography is a literary genre, or even that its wide distribution benefits a society, is protected by the First Amendment. To set up a so-called Adult Book Shop in a family neighborhood is not protected, under any rea- sonable reading of the text. • —\ (