Gumbel, Wilbon, and Speech Rights

Bryant Gumbel's big mouth has once again gotten him into some hot water. On his latest on-air gig with the NFL Network, Gumbel recently declared that NFLPA president Gene Upshaw was nothing more than a lapdog on a leash for the owners, and that Upshaw and the owners have essentially been in cahoots with each other for years protecting everyone's interests except the interests of the players. The NFL is apparently considering cutting Gumbel loose as a result of these not-so-subtle 'Uncle Tom'-ism comments.

Today in the WP, Michael Wilbon predictably offered a spirited defense of Gumbel. While disagreeing somewhat with Gumbel's opinions, he strongly maintained that Gumbel has the right to voice such views without fear of penalty. For Wilbon, the NFL Network, in order for it to be considered a credible network of hard-hitting coverage rather than just a mouthpiece for the league, needs to have 'independent' voices like Gumbel on the air (this, of course, is laughable since Gumbel has never been independent, but has towed a very liberal party line since day 1). And besides, says Wilbon, the NFL had to know what it was getting when they approached Gumbel, since Gumbel has a long record of 'provocative' on-air comments. Because the NFL had to know they were pursuing someone who theoretically wasn't going to lay down for anyone, they should have expected the bombastic Gumbel to be the bombastic Gumbel some have loved to love, and many have loved to despise. Therefore, the NFL cannot, as a basic matter of integrity, now cry foul and attempt to dismiss Gumbel just because Gumbel is doing what he's always done.

Some of what Wilbon says is right. He's certainly correct that the NFL should have been abundantly aware of who they were getting when they brought Gumbel on board. If they were looking for someone who would be a respected voice of straight reporting, it made absolutely no sense to hire Gumbel, because that's never been who he is. Alternatively, if the NFL was looking for someone who would provide a sharp edge to their coverage, then Gumbel was certainly their man. Like lots of other TV and radio stations who knowingly hire tactless performers who enjoy getting a rise out of people, an argument can be made that you have to live with the consequences that inevitably come when you give people like this an open mic. Sooner or later, these people are going to say something stupid, insensitive, offensive, and beyond the pale dumb. Gumbel's done it many times before, and he will certainly do it again.

Where Wilbon fails in his argument is at the same place where most of his media colleagues fail. Wilbon strongly implies that because Gumbel 'has the right' to say what he wants to say, he also has the right to do so without consequence. This is a common bridge that free speech/media people make, but it is entirely invalid. It is true that Gumbel has the right to say what he wants. But nowhere in the Constitution does the First Amendment guarantee the right to an audience. Nowhere does the Constitution say that the exercise of free speech is without consequence. Nowhere does the law say that in addition to having the right of free speech, someone also has the right to his own TV show, or syndicated newspaper column, or sweet book deal to disseminate his views. Such a bridge is not a function of law, but a societal function of entitlement coupled with a fervent resistance to taking any responsibility when people abuse or pervert the freedoms they have.

I often say that people who so insistently defend the rights of people to say provocative things, but don't equally defend the rights of those who legally protest against such people are no friends of the First Amendment. Hollywood in particular is full of such people. And so is the media. For those of us who have long considered Gumbel's supposed 'provocative' comments to be little more than misinformed partisan bluster will properly celebrate when and if he is finally called to account through a dismissal. If it happens, and I have my doubts, it will be long overdue.