U.S. Constitution: The First Amendment:”Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”

Last week a controversy erupted in Land Park over the display of an American soldier effigy with a crumpled American flag as his head and a noose around his neck. Accompanying the display was a sign that read, “Your tax dollars at work.”

In an article in Thursday’s Sacramento Bee, Steven Pearcy called his display “political protest art” meant to convey, “the troops are being hung out to dry and billions of taxpayer dollars are being spent to send Americans over to Iraq to die.”

The event has made national news as people have stood outside in protest and others in support of the display. Last Wednesday two people trespassed on the property and removed the display entirely.

That people are so emotional and up in arms over this has left me completely baffled. This is a free speech issue and some people are treating the owners of this house as if they are treasonous Benedict Arnolds who should be charged with a hate crime.

Either we have free speech or we don’t. The Constitution says we do, as evidenced by the numerous court cases upholding the First Amendment — so the display should be allowed to stand as it is. You cannot pick and choose your free speech as some against the effigy would have you believe.

Free speech has the potential to become an equal opportunity offender (and it has many times), but for the sake of an open society, we must accept the offense as much as we revel in an idea that we agree with.

I was listening to KFBK radio on Friday as they took calls on the issue. One caller described the display as seditious, which is ridiculous since any laws about sedition have proven counteractive to the First Amendment. Free speech such as this is not sedition.

I don’t think the Pearcy’s were advocating the overthrow of our government or intending to bring harm to anyone. The argument could be made that those with loved ones in Iraq might suffer from some emotional injustice, but to be fair, their loved ones are in Iraq supposedly fighting so the Iraqis can have these same rights.

I was pleasantly surprised to hear the effigy was displayed for a second time this past weekend.

It made me respect the Pearcy’s that much more, as people of principle who aren’t afraid to stand up for what they believe regardless of the consequences.

Before you label me as insensitive to the soldiers in Iraq, please understand that I think there are more sensitive ways to protest the war. Were I to stage a protest at my home (and I just might), I would most likely do it differently. But that doesn’t take away the Pearcys’ right to express themselves in any way they see fit.

Surely, judging by the controversy generated we cannot second-guess their methods.

People have taken notice.

Contact Art at [email protected]