Did anyone watch The O'Reilly Factor yesterday? I like Bill O'Reilly (which is why I watch him), but there are things—in some cases simple things—that he appears not to understand. First, the First Amendment of the United States Constitution protects individuals against government (or agents of government). It does not protect individuals against other individuals or against private entities such as business corporations. Bill claimed that his and other people's First Amendment rights are being violated when they are "punished" for speaking. His example was Miss California, who caught hell (as you know) for expressing her opinion that marriage is, and ought to remain, a heterosexual institution. As far as I know, the government has not threatened her with harm for expressing this view, so the First Amendment is not implicated.
Second, Bill doesn't understand the law of defamation. Defamation is a tort, not a crime. It is a private wrong, like negligence. If you believe you have been defamed by someone (either orally [slander] or in writing [libel]), you may file a lawsuit. If you can prove that someone published a falsehood about you that harmed your reputation (I'm simplifying), you can recover actual damages. Standards differ depending on whether the plaintiff is a public official, a public figure, or a private citizen. Bill is a public figure, so it's harder for him to make out a case of defamation than it would be for, say, my mother, who is neither a public official nor a public figure.
Bill is upset that certain critics call him a "racist," a "bigot," and a "racist bigot." He denies that he is any of these things and insists that he is being defamed. But these are opinions, not factual statements. To some people, criticizing Barack Obama or opposing homosexual "marriage" is bigotry. To others, neither of these is bigotry. Bill needs a thicker skin. He says he's a big boy, but he's not acting like one. He should be proud that critics attack him; it shows that they fear him. He has the most powerful show on cable television, a bustling website, a popular radio program, and several best-selling books. He has millions of viewers, listeners, and readers. Let people say what they want about him. Ignore them, Bill! Go about your business and stop complaining. It brings you down to their level, which is pretty low.
