Growing up and learning about how the United States government functions a common phrase that was constantly mentioned was "the separation between church and state." The phrase is paraphrased from Thomas Jefferson who believed that "religion is a private matter, separate from the realm of government" (BCP 9). In 1952 this ideal was challenged but ultimately upheld by the Supreme Court in the case of Burstyn v. Williams. Joseph Burstyn had his license to distribute films revoked by the New York State Board of Regents because of his film "The Miracle" which the board considered to be "sacrilegious" (NACA). Burstyn proceeded to bring the matter to the Supreme Court which upheld his right to distribute the movie because it did not violate the 1st Amendment. The exact ruling was "(it is) not the right of the government in our nation to suppress real or imagined attacks upon a particular religious doctrine whether they appear in publications, speeches or motion pictures" (Tedford and Herbeck 147).
Ideas are supposed to be challenged and especially religious beliefs. My thoughts on the issue are congruent with Jefferson's in the regard that religion should be a personal and private matter but too often it becomes a public matter. When religion becomes a public matter and individuals are exposed to religious beliefs there has to be some level of discourse for those individuals to make their own decisions. In order for this to happen we as a nation must have protection to speak freely and in a challenging manner about these topics. I'm also a firm believer that comedy is a fantastic way to make sense of our world because taking a step back to laugh can create perspective that would otherwise be lost in the seriousness of the discussion.
The most notable and relevant example of this to me is the television show South Park. I have been a fan of this show for years and the biggest reason for that is that they comment (typically in a very offensive fashion) about current events and they leave nothing sacred. A 2010 episode titled "Cartoon Wars" created controversy when it depicted the Islamic prophet Mohammed, which is forbidden by the Koran (Itzkoff). This elicited a veiled threat directed towards the creators of the show Trey Parker and Matt Stone from the religious group Revolution Muslim. The F.B.I was asked about the issue and ascertained that there was no criminal threat towards the creators however a spokesperson was quoted saying "in most cases these are First Amendment issues and the F.B.I vigorously defends people's First Amendment rights." (Itzkoff). Even with the backing of the F.B.I that the episode was within the grounds of the First Amendment, Comedy Central still censored the show further than the South Park Production Office (Itzkoff).
Through Burstyn and the creation of this episode of South Park over 50 years later we can deeper analyze the freedom of speech. Even though the episode was within the legal rights guaranteed by our country we still saw censorship. The possible concerns and security issues that were brought forth by creating the episode in my opinion should not have been a reasonable reason to censor. It was protected speech and yet a religious group created enough reason to censor and that disparity between the church and state became a grey area. The real question that needs to be raised here is how free is our speech if "it is not the right of the government in our nation to suppress real or imagined attacks upon a particular religious doctrine whether they appear in publications, speeches or motion pictures" but our speech can still be swayed and censored by exterior forces?
Sources
Burstyn v. Williams. 343 U.S. 495 (1952).
United States Supreme Court. 1952
Itzkoff, Dave. "South Park' Episode Altered After Muslim Group's Warning." The New York Times,
The New York Times, 22 Apr. 2010, www.nytimes.com/2010/04/23/arts/television/23park.html
"Separation of Church and State." The Boisi Center for Religion and Public Life
"Significance: Burstyn v. Wilson." National Coalition Against Censorship,
ncac.org/resource/significance-burstyn-v-wilson.
Tedford, Thomas. L, and Herbeck, Dale A. Freedom of Speech in the United States.
8th Edition., Strata Publishing, 2017.
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