Welcome First Amendment decisions

Whatever one thinks of the U.S. Supreme Court, there has been a rare consensus emerging to protect free speech. Two court decisions this week highlight this important protection of the First Amendment. The first decision came in favor of an Asian rock group that attempted to trademark the name Slants. The group challenged the U.S. Patent and Trademark office because of a law against trademarks that disparage people or groups.  The leader of the group, Simon Tam, said that the group was trying to reclaim the slur against Asians as a point of pride. The group lost in the first legal rounds. But Justice Samuel Alito wrote, “Speech that demeans on the basis of race, ethnicity, gender, religion, age, disability, or any other similar ground is hateful; but the proudest boast of our free speech jurisprudence is that we protect the freedom to express the thought we hate.” Justice Anthony Kennedy wrote a concurring opinion that was joined by the court’s liberal wing, but all justices agreed on the basic decision that the law infringed on free speech.

The court was also unanimous in striking down a North Carolina law that prohibited sex offenders from using social media websites on which they might come into contact with potential targets. Kennedy wrote that the law was much too broad and “unprecedented” in limiting the scope of First Amendment speech. The court noted that the law prevented sex offenders from engaging in public discourse and using websites that might lead to employment. It’s obviously difficult to find sympathy with sex offenders, and several of the justices noted that much narrower laws limiting sex offenders’ access to social media might withstand constitutional scrutiny.

The first case seems to lend broad support to the ongoing controversy of the Washington Redskins. The NFL team has been pressured to change the mascot of the team because the term is widely considered offensive. Team owner Daniel Snyder said in a statement that he was thrilled, and “Hail to the Redskins.”

Even some conservatives have agreed that the term Redskins is offensive, and is different in its characterization than other similar terms, “Chiefs,” as in those in Kansas City, and “Braves,” as in Atlanta. Numerous college and high school sports teams have been pressured into changing mascot names. Some of the changes perhaps have been justified; others, sadly, have simply been caving to the pressure of political correctness. I agree that the origin of the term “Redskins” leads one to the conclusion that the term is disparaging and offensive. So be it. Do we really want government bureaucrats making that determination? If the First Amendment stands for anything, it stands for the right to be offensive, and, yes, even hateful. We are seeing appalling attempts by certain groups on the left to limit free speech and to place boundaries on robust dialogue. The court’s decisions this week, especially the first regarding offensive trademarks, are a welcome affirmation that the First Amendment still stands for free speech.

Tiger will be second after all

News media have reported the arrest of Tiger Woods in Florida for driving under the influence. Woods immediately took responsibility for the incident, but said that alcohol was not involved and that he suffered a bad reaction to pain medication after a recent surgery. The police report seems to corroborate Tiger’s statement. Nonetheless, it’s another chapter in the fall of one of the most storied athletes of the post-World War II generation. And it’s a shame. The beginning of the downfall can no doubt be traced to the late 2009 incident in which Tiger had been chased out of his home after his wife, Elin Nordegren,  discovered his infidelity. Reports had her hitting him with a golf club, which he denied. For the next months, his girlfriends came out of the woodwork to comment to journalists and describe his affairs. His infidelities included a number of high-dollar prostitutes..

He has won tournaments since 2009, but not a major. He is stuck on 14 major tournament wins, second only to Jack Nicklaus at 18. Throughout his first years on tour, Woods seemed on track to beat the record of 18. That won’t happen. It’s interesting that a number of Golf Channel and network specials have in the past year or so reviewed the Nicklaus record, which truly is extraordinary. It’s almost as if it’s now clear Nicklaus will be considered the greatest golfer of all time. The chances of anyone now challenging his record seem remote. (It’s always been equally impressive to me that Nicklaus finished in second or tied for second 19 times in major tournaments, in addition to his wins.)

Woods had a major impact on golf in the late 1990s and early part of the 20th Century. He did wonders for television ratings. He was a charismatic figure on the golf course who had the knack for making spectacular shots at exactly the right time. There were always others in the game’s history who did certain parts of the game better. Greg Norman,  Lee Trevino, and Colin Montgomery were better drivers of the golf ball. Many could play mid-irons better. Nicklaus himself was without question the finest long iron player in the history of the game, and he played in a time when long irons were important. Phil Mickelson was and is the best short iron player. Gary Player was without equal as a bunker player. Bobby Locke, Billy Casper and Ben Crenshaw were better putters. (And Nicklaus wasn’t bad in that category, either.) But nobody put all the elements of the game together and played with the complete skill that Woods had. From the time Woods won his first major tournament at the Masters in 1997 until the 2009 incident, he was the best. And no one else was even close.

Our heroes have a way of disappointing us, sometimes tragically. Woods is no exception. And in fairness, Woods has aged. As this is written, he’s 41. Multiple surgeries on his back have been a major hindrance. And he has also worked with multiple coaches over the years, demonstrating at least three very different setups and golf swings at various times in his career. It’s rare that we have seen an athlete develop so publicly from childhood and continue through the prime of his career and then into the twilight. But long after the tabloids and the mainstream news media are finished with the lurid details of his life, his record will remain. He will be second-best in terms of major championship titles, but that record, as well as his ability, determination, and charisma, will be the standards by which future golfers are judged.