What the heck is it with this rash of free speech suppression cases lately? To be fair, if you keep up with the First Amendment at all, you spend a great deal of time harboring outrage at college professors, the U.N., and local governments.
Here are just a few examples:
In mid-February, Jonathan Lopez, a student at L.A. Community College, filed a much-publicized lawsuit after his public speaking professor called Lopez a "facist bastard" and refused to grade his speech. After the professor foolishly told his class that they could give a speech on the topicof their choice, the professor apparently became enraged because the student in question took him at his word. I have to assume that this youngster is a freshman. Every over-educated lawyer I know realizes that statement "whatever topic you want," is professor-speak for "whatever topic (and perspective) I want."
However, young Mr. Lopez, untutored in the ways of the intelligencia, gave a polite, secular argument against gay marriage. When Lopez's grade suffered because of his professor's repellant bigotry, he sued, seeking seeking financial damages and an injunction striking down a code at Los Angeles City College forbidding students from making statements deemed offensive.
Later on this week, the cops were called because a woman in Buffalo posted a racist sign. Her sign read, "I rent three bedrooms [at her address to] white people Niagara Falls." When asked to explain the sign, the woman stated that she put up the sign after someone tried to break into her house and added, "I can do what I want. I live in America." Police said they received complaints and she must take the sign down. An officer at the scene said the woman agreed to take down the sign under protest. The officer said the woman already had seven more signs she was planning to hang up.
I'll be the first to admit that racism is morally wrong and really unattractive. No one wants to talk to, let alone live next door to, a racist. It's also really unclear as to why she believed that this sign was likely to decrease burglaries. However, it's her yard and it's her sign--and, as the woman aptly noted, she does live in America. This lady was completely within her rights to post an racist sign on her fence. The sign did not include obscenities and did not threaten anyone. There is no law this lady could have violated, unless Buffalo has officially adopted LA City College's code of student conduct as a municipal ordinance. Not only were this lady's rights violated when the cops forced her to take down her sign, but they convinced her not to put up the remainder of her signs that express her opinions. I hope the Buffalo ACLU paid attention to this story. I'm willing to give those folks props if they fight for speech that isn't just offensive to conservatives.
Finally, just in case you're thinking about emigrating to somewhere that isn't quite as excited about protecting the "right" not to be offended, you might want to hold off. Nonbinding UN Resolution 62/154, on "Combating defamation of religions" seeks to shield Islam from any criticism whatsoever. The resolution offers some token language honoring our alleged rights of free expression, but goes on to admonish that "the exercise of these rights carries with it special duties and responsibilities and may therefore be subject to limitations as are provided for by law and are necessary for respect of the rights or reputations of others, protection of national security or of public order, public health or morals and respect for religions and beliefs."
As Christopher Hitchens of Slate.com writes:
The thought buried in this awful, wooden prose is as ugly as the language in which it is expressed: Watch what you say, because our declared intention is to criminalize opinions that differ with the one true faith. Let nobody say that they have not been warned.
Couldn't have said it better myself.
In these troubled economic times, it's easy to think of all of the things we can't afford. (Or that we could afford, if only we would default on our mortgages and let everyone else pay for them.) But we can always afford our rights. Now, more than ever, we should not allow the government to take them away as easily as they take away ever-larger slices of our paychecks.