Tsukasa Buddha
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- Joined
- Sep 10, 2006
- Messages
- 15,302
In all the shouting, nobody seams to have noticed: Washington County District Attorney Todd Martens declined to file charges against teacher and blogger James Buss.
Woot
.In all the shouting, nobody seams to have noticed: Washington County District Attorney Todd Martens declined to file charges against teacher and blogger James Buss.
.None.
None, until that speech harms another in a manner in which a violation of their rights happens. It is difficult to get to the point of speech causing harm.
The amendment is not the extent of mans right of speech, rights are inherent.
Thanks. Have you read this book by Ronald Dworkin? It makes the most compelling case for a type of "natural law" that I've encountered.
Nonetheless, it looks like we disagree about the basis/function/meaning of rights.
I think free speech is important precisely because I distrust our ability to identify harmful speech. Even if I weren't worried about abuse or error, whether or not particular speech is harmful would still boil down to a debate about group goals. I don't think there is a universal answer.
Similarly, I think rights are primarily the result of negotiating competing goals. Even if there are inherent moral rights, I equally distrust using a legal concept that requires courts, groups, or individuals to identify them. Not only do I doubt there is a closed, identifiable group of rights, I'm worried about error and abuse.
IMSHO the best we can do is to take a functional approach and work from there. So I'd be open to arguments that it is in the best interest of society to allow teachers to hand out any material they want - say NAMBA flyers - but not that it's a crime or a perversion of the natural order to restrain them. You'd have to tell me why.