Congratulations to Carlsbad California Police, San Diego law
enforcement, Senator Bill Morrow, talk-show host Roger Hedgecock,
attorney Peter Lepiscopo, and others who heroically fought the
Hecklers' Veto over free speech.
Days before our ultimately successful August 11 Carlsbad forum called
"Defense of our Nation Begins at our Borders," the Carlsbad Cultural
Center broke its contract and refused to host our well-advertised
event. Pro-Illegal Alien Open Border activists threatened our event and
Fear of violence and injury to the theater were the excuses for the
last minute booting of our wonderful group that featured Congressman
Tom Tancredo, Minuteman Jim Gilchrist, former Treasury Secretary Peter
Nunez, Assemblyman Ray Haynes, Commissioner Robert Vasquez of Idaho,
and myself. Fortunately a last minute law suit
brought Carlsbad Superintendent Roach to his senses and we overcame the
But Hecklers' Veto is a pernicious device used nationwide against
excellent, ethical speakers who state politically incorrect ideas that
"offend" those who cannot and will not argue with language but prefer
to quash ideas with violence or its threat. So powerful was the
Hecklers' Veto in California that our host, state Senator Bill Morrow,
a retired Marine JAG, could not get us an emergency welcome at an
unused, beautiful Marine Corps facility. Our ideas were out in the
We prevailed. Others can learn from our expensive experience.
We had 409 in the audience, about an equal number of people who wanted
to get seats but came after all free seats were assigned.
There were about 200 loud, bull-horn shouting protesters.
Most were Hispanic but there was a contingent of Muslim men in
Palestinian headscarves and women in full Islamic burkas (with signs
stating such non-sequiturs as "No person is Illegal," "No Hiroshima in
Mecca," and "12 billion Muslims hate Racism."). Protecting us
were about 250 police officers in full riot gear with face shields plus
automatic weapons plus SWAT team members who arrived in black tank-like
vehicles. The cost was astronomical. But we made an
important point nationally.
Hecklers who shout, curse, harass, mock, name-call, and shout-down a
willing speaker to a willing audience are not protected under the
Constitution's First Amendment. Hecklers intimidate speakers or make
such a racket that speakers cannot be heard. The real threat, however,
is their brilliant manipulation of government to do the dirty work of
actually silencing speech. Hecklers intimidate government officials
such as police chiefs, mayors, and school superintendents to fear
public disorder hecklers intend to cause. Government then
preemptively silences speech hecklers dislike. Hecklers' Veto silences
speech content. That imposes a prior restraint on transmitting ideas.
Freedom is never free. The formidable police presence in Carlsbad was
costly. But civilized discussion must be protected against
the Hecklers' Veto. It was, beautifully.
Government's essential purpose is protecting individual rights. Truth
is best tested in the marketplace of ideas. Each listener that night in
Carlsbad exerted his individual right to hear speakers using facts,
logic, and statistics detailing negative effects of Illegal Aliens on
the economy, public health, criminal justice, and American culture.
I spoke about Illegal Aliens and American Medicine, making many points
that earlier I have written about on NewsWithViews.com,
and in the Journal of American Physicians and Surgeons
(Spring, 2005). I spoke of the 84 California hospitals that
closed between 1994 and 2003 primarily because EMTALA, the Emergency
Medical Treatment and Active Labor Act, requires every emergency room
to treat any patient coming with an "emergency" whether or not able to
pay, insured, citizen, or Illegal Alien. A woman in labor must remain
to deliver her baby. This unfunded mandate fines hospital and doctors
up to $50,000 if refusing to treat but does not pay for treatments.
Hospitals go bankrupt.
Infectious disease perils afflict America because Illegal Aliens enter
our open Golden Door without health exams. Contagious diseases America
vanquished, such as malaria, polio, and hepatitis, and rare diseases of
Third World poverty, such as leprosy, Chagas Disease, and Dengue Fever,
erupt nationwide. Centers for Disease Control examined 38,291
California cases of Multiple Drug Resistant Tuberculosis (60% fatal,
treatment costs $200,000 to $1,200,000 per patient). This
national time-bomb ticks ominously in 38 of California's 61 health
jurisdictions. 84% of patients are "foreign born" non-English speakers
from Mexico and the Philippines.
Illegal Aliens also contribute syphilis and gonorrhea. Illegal Alien
Sexually Violent Predators (SVPs) are so common that the Department of
Homeland Security's Immigration and Customs Enforcement division,
"Operation Predator," that began in 2003, has caught 6085 Illegal Alien
SVPs. Most prey on children. Notorious rapists and
killers attacked kids aged 8 (in Florida, buried her alive), 5 (in
Minnesota), and 3 (in San Diego County). California apprehended 1578
Illegal Aliens SVPs, and San Diego 685.
Overcoming the Hecklers' Veto in Carlsbad was a triumph for
rationality, American law, and law enforcement.
Madeleine Cosman, Esq., is is
a medical law attorney who speaks around the country on issues of
medicine and freedom. She had a significant hand in the
demise of the Clinton health plan.
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