Who’s Talking?

As long as we’re on the subject of First Amendment Free Speech rights, a federal judge has just handed down a decision that illuminates another aspect of those rights.

As I explained yesterday, our right to free expression is protected against government interference. Usually we think of that interference in terms of censorship, of government shutting us down. But this judge’s decision–which rests on decades of settled law–reminds us of another thing government cannot constitutionally do: it cannot compel our speech, either.

(Reuters) – A federal judge on Friday struck down a 2011 North Carolina law requiring abortion providers to perform an ultrasound and explain it to a woman before having an abortion, arguing it violated the constitutional right to free speech of doctors.

U.S. District Judge Catherine Eagles found that a state does not have “the power to compel a health care provider to speak, in his or her own voice, the state’s ideological message in favor of carrying a pregnancy to term.”

If the right to free speech means anything, it means that we have a right to form our own opinions, based on the widest possible access to information, and to share those opinions with others, or not, as we see fit.

Being forced to recite a script and pretend it represents our own views, like being forced to affirm allegiance to a deity or a nation (see Barnett v. West Virginia Board of Education), isn’t just intellectually dishonest; it violates our most fundamental liberties.

Compelled speech is especially pernicious when it intrudes upon the doctor/patient relationship, which depends to a great extent upon the patient’s ability to rely upon the candor of her provider–to trust that her doctor is acting in her best interests.

The principle extends well beyond medical advice, however. If the government could tell professionals of any sort what to say, if lawmakers could impose “correct” communication on scientists, police officers, media figures… how would Americans ever be able to trust anyone?

How would we know who is really talking?

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You’re Fired!

In the wake of the Duck Dynasty dust-up, the Chik-Fil-A controversy and other events triggering “right to free speech” debates, we get this report from Huffington Post:

In the new survey, 45 percent of Americans said the First Amendment does not allow people to be fired from a job for expressing their views, while only 36 percent said such firings are allowed under the Constitution. Twenty percent said they weren’t sure.

Answers to other questions in the poll were equally depressing. The article’s provocative title was “Do You Know More About the First Amendment than Sarah Palin?”–and when the answer to that is “no,” you’ve really hit bottom.

The dismal poll results remind me of the young man who called the ACLU, back when I was Executive Director, and demanded that we sue White Castle for denying him his First Amendment rights. They’d refused to hire him, apparently because he was so heavily tattooed they found it unappetizing. I still remember him insisting “I have a right to free expression!” As I tried to explain, yes, and so does White Castle.

If the City of Indianapolis–or any unit of government–passes a law forbidding you from tattooing your body, then you’ve got yourself a genuine, real-life, rootin’ tootin’ constitutional challenge. When White Castle disapproves, you don’t.

If the government told A & E that it couldn’t suspend Mr. Homophobic Duck Guy, it would be violating A & E’s rights. If a local government refused to zone a Chik-fil-A because its owner is a homophobic jerk, it would violate Chik-fil-A’s rights. (Annoying as it may seem, jerks have constitutional rights too.)

Listen up, Americans! The Bill of Rights restricts what government can do. And one of the things government can’t do is protect you from being fired for shooting off your mouth.

Now was that so hard?

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Church and State

Here in Indiana, we’re used to religious warfare. We aren’t called the buckle of the bible belt for nothing.

Those battles generally pit people who understand religious liberty to require state neutrality in matters of belief against folks who want government to make everyone live in accordance with the “correct” beliefs (which just happen to be theirs).

That, in a nutshell (no pun intended) is what the current fight about HJR 3 is all about. Proponents can pontificate all they want about what’s best for children or society, but opposition to same-sex marriage (and the desire to send a message to GLBT folks that they really aren’t welcome here) is entirely based upon religious dogma.

Given the visibility and mean-spiritedness of so many self-identified “Godly” people, we sometimes forget that plenty of religious believers “get it.” They not only understand their God to require love and inclusion, but they also–importantly–recognize the threat to authentic belief posed by those who would use government to impose their doctrines on others.

Matt Boulton is President of Christian Theological Seminary. He testified at the legislative hearing against HJR 3, and although he made many other good points, his compelling closing observation deserves to be widely shared:

Now, my position as president of CTS puts me in relationship with a dazzling variety of Indiana religions and denominations and congregations and theological points of view.  Indeed, questions of human sexuality are matters of passionate debate within Christian circles; we have a good dose of that diversity at CTS.

 You’ll hear later today from the other side that civil unions would threaten the “traditional view of marriage” allegedly demanded by Christian faith, and so on.  I respect that perspective, even as I disagree with it.  But here’s the point I want to underline:  despite what those on the other side may say, there is no one Christian view of HJR-3.  Many Christians, even those who disagree on the underlying human sexuality issues, oppose HJR-3 because their Christian faith calls them to be open, hospitable, fair, and loving toward their neighbors.  And the role of the State, we respectfully suggest, is not to take sides in this theological debate, much less enshrine one side or the other in the Indiana state constitution.  Rather, the State’s role is to respect the religious diversity of our community on this question, and to allow freedom of religion – faith’s freedom – to flourish in Indiana by setting aside HJR-3 once and for all. (Emphasis supplied)

And let us all say, “Amen.”

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White Privilege

Every so often, even well-meaning people will pooh-pooh the notion of “white privilege.” Most of us who enjoy that privilege fail to recognize how it works, both for us and for those who don’t benefit from the unspoken assumptions evoked by white skin.

What made me think about the subject was an email I received the other day from a (white) friend. She wrote

I’m currently reading “Ted Koppel Off Camera” a book of his daily journal of news and personal observations from 1999.   In it, he says he read a statistic that was so incredible he didn’t believe it – that 8 of 10 blacks had spent time behind bars.    That includes people held for short times in jail and released for lack of evidence or wrongful arrest, but nevertheless, he was incredulous.    So he asked 5 blacks with whom he worked if they had ever been arrested and spent time behind bars, and every one of them had -one repeatedly for driving a new car which police didn’t think a black man should be driving.

Her email reminded me of my own dumbfounded reaction several years ago, when I was part of a small group that later became the much-larger Race Relations Network of the Greater Indianapolis Progress Committee. There were approximately 20 of us in that early group, about half and half white and black. Most were professionals, or highly-educated executives with local companies or organizations.

For some reason, the discussion turned to speed limits, and someone asked “How many of you have been stopped for speeding?” All of us raised our hands. The next question was more pointed. “When you were stopped, how many of you were asked ‘Can I  search your vehicle'”? Every black hand went up; no white ones did.

Tell me again how “white privilege” is a myth….

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