Freedom of speech

[alitheapipkin]

For all the wrong heads (*grin*) around here who do not read Neil Gaiman's blog on a regular basis, here is an excellant post he has written about how defending freedom of speech sometimes means we have to defend things we find icky. His example is to do with child porn in comics but his argument applies across the board.

Comments

[anthrokeight]

In the US, the right to have an abortion is in part protected by right to privacy and freedom of speech (!).

The first amendment protects a lot more than it looks like on first pass.

This is why gun laws make me gnaw my own nails off. No-one needs an Uzi, but the second amendment is pretty clear about keeping and bearing arms.

I get nervous thinking, if we restrict access to guns in a serious way, will people interpret the first amendment in such a way that Roe v. Wade is overturned?

On the other hand, the 2nd am. doesn't say you can keep and bear arms without having to have the damn things safety locked and assigned a permit, so usually I fall asleep before my nails are totally gone.

[alitheapipkin]

That's an interesting point, I hadn't considered how the argument might be applied outside of free speech.

[anthrokeight]

I believe Roe v. Wade really stood on the argument that the decision to seek an abortion (and how valid that decision is) was a matter of medical privacy between a woman and her doctor

[anthrokeight]

Wait wait wait!

The major amendment disputed in the Roe v. Wade decision was the fourteenth amendment, which is tied to the right to privacy. Here's part of the opinion, written by Justice Blackmun:

"We, therefore, conclude that the right of personal privacy includes the abortion decision, but that this right is not unqualified and must be considered against important state interests in regulation."

My bad. I am dead certain, however, that I read an article in the NYT (or similar) that addressed also how the right to free speech was part of the whole Roe. v. Wade case, but I can't seem to turn it up and really should be working!

The blunt instrument argument and strict interpretation v. "activist" interpretation still applies in this case, too. So anyway...

[alitheapipkin]

I do just skim it quite often, but sometimes he writes a real gem of a post :)