但白宫表明了官方的立场,“On a broader level, as the President has stated publicly, the United States welcomes the continuing peaceful rise of China. The comments you are writing about do not reflect mainstream views of China in the United States. ”
美国法律的原则是个人权利和公共利益的平衡(balance of individual rights against public inerest)。这个原则在美国法律里用得很多,比如征地,宗教自由,歧视,堕胎是否合法,都是在这个原则下分析。所以言论自由也会因为公共利益受到一些限制,但是ABC事件,公共利益受损不大,政府不出面是对的。
有人说“This petition is a tool”,那我说请不要乱用我们纳税人出钱建立的这个“tool".如果你不想要白宫解决什么问题,请不要用这个”tool". 还有很多其他的途径可以达到同样的目的。
voiceofme 发表评论于
"It may be upsetting when people say things we might personally disagree with, but the principle of protected free speech is an important part of who we are as a nation."
The White House turned the tables by giving the modern day 义和团 a public lecture on the West's most endearing value. Humiliation is best served cold, to borrow a saying.
This petition is a tool. We used this tool to create pressure on Jimmy Kimmel and ABC. We used this tool to send a message that there is consequence if you want to badmouth Chinese on national media.
White House's response is expected. Let us not kid ourselves. There is really nothing more White House can do. After all, Chinese American is politically disadvantaged minority in America.
For these Japanese and Chinese collaborators on WXC, this victory is also good for other Asians. You guys should save your energy to argue about something between China and Japan.
白宫确实无权要求ABC停播, 如果ABC的言论属于言论自由范畴, 属美国宪法的范畴. 但是美国宪法不是保护所有的言论, 比如: "Incitement of illegal activities"; " Fighting words" -美国宪法1st Amendment does not protect "true threats"-statements meant to communicate an intent to place an individual or group in fear of bodily harm. 等等. 白宫不应当直接下结论说ABC的节目内容属于言论自由保护的范畴, 这是联邦法院的权限. 此事件也许有Standing诉ABC节目内容是否违宪, 但是诉讼和证明过程很长很难.
因此白宫请愿知道不会有结果, 但是达到了一定的影响和效果. 怎么能说自取其辱呢? 且不说不是自信地生活在这个国度, 也可以说真是过虑了! 不赢就是自取其辱? 这个好像没有什么逻辑关系. 只要有合理的理由, 在美国维权是个太普遍的事情, 起码这个请愿也显示中国人是可以维权的. 美国法律制度复杂全面, 玩的是规则, 什么时候学会了, 就少受点气.
原文,
What We Have to Say About Jimmy Kimmel
Thank you for your petition. Your petition requested an apology from those involved, and to "cut the show."
The parties involved have already apologized independently. Jimmy Kimmel has apologized on-air, and issued a written apology. ABC has removed the skit from future broadcasts, taken the clip down from online platforms, and detailed several changes in its programming review process in response to this incident. You can find more about Jimmy Kimmel's apology here, and ABC's apology here.
On a broader level, as the President has stated publicly, the United States welcomes the continuing peaceful rise of China. The comments you are writing about do not reflect mainstream views of China in the United States.
The Federal government cannot force ABC to remove this show. The First Amendment of the Constitution protects free speech, even if individuals might personally find it offensive or distasteful. It may be upsetting when people say things we might personally disagree with, but the principle of protected free speech is an important part of who we are as a nation.
If you think this issue merits additional scrutiny, you may file a complaint with the Federal Communications Commission by visiting FCC.gov/Complaints. The FCC is an independent agency that regulates the airwaves without input or consideration from the White House.
非否 发表评论于
一句话,you were barking at the wrong tree.
希望大家吃一堑长一智。