Friday, July 29, 2011

Lots of free speech issues in the news


All of these stories are from this week's news.  For summaries, check out Michael Smerconish's web site.

Where does free speech end?
  • Should Facebook ban Holocaust deniers from the site?  FB has the right as a private organization to ban them, but the government doesn’t have the authority to make a law forcing them to.  Should they?  I think the harm of banning is worse than the benefits of filtering the hate.
  • A father created a blog ripping on his ex-wife.  During the custody hearing regarding their son, the judge does not have the right to prevent him from creating the blog (which is free speech), but she can use it in part in determining his fitness as a father in custody decision.  It does provide insight into his maturity.  In this particular case, she went a little overboard.
  • A teacher created a blog describing her students in vulgar language.  The government does not have the right to prevent her from blogging, but can use it in determining her ability to be an effective teacher.  It does provide insight into her maturity and leadership.
  • Should Facebook allow anonymous posting?: FB has the right as a private organization to ban anonymity, but the government doesn’t have the authority to make a law forcing them to. Should they?  Thinking about politics, anonymity is a powerful tool.  But with bullying it can be a force for evil.  What about if FB has the ability to find out who anonymous posters are, but only uses it in certain situations, like court order.  Not for HR professionals doing a hiring search.  But what about situations like Egypt?
  • Should a cross be allowed at the 9/11 memorial:  This is more freedom of religion then freedom of speech, but similar.  Is the cross like the ten commandments in the Kentucky courthouse that the Supreme Court said was more historical than religious and therefore allowed?  Or is it like the town sponsored Christmas crèche, which was determined to promote one religion over others and therefore illegal for public money to be spent on it?  What if the 9/11 memorial is privately owned and managed?  Does it matter that the cross was from the actual World Trade Center rubble? Does that make it historical rather than religious?
  • Red plastic testicles hanging from the rearview mirror of a woman's truck: Is this obscene?  The cops gave her a $450 ticket.  Is this as bad as the photos on strip club billboards?  Is it free speech? Is it obscene?

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