How Big Are Our First Amendment Rights?
Recently on Northern Kentucky University several questions arose: How big is one person's first amendment rights and where does one person's first amendment rights stop?
Let me give you the scenario. A newly founded Pro-life group at NKU (Northern Kentucky Unversity) called, Northern Right to Life set up a display that was to represent a cemetery of unborn fetuses that had been aborted. They called it "Cemetery of the Innocents." The display consisted of about 400 white crosses and a sign that explained what the monument represented. Below is a picture of the of the memorial...
(Picture Credit The Northerner)
The Northern Right To Life group had set up the display as a protest to abortions. The group had gone through all the proper channels to see that their display was legal and could stand on the NKU campus. The group went before a board and the administration and the Right to Life Group was given permission to create the display.
Recently, the memorial was destroyed by a literature professor of NKU, Dr. Sally Jacobsen and several of her students. According to the Cincinnati Enquirer, "Jacobsen was infuriated by the display. She saw it as a 'slap in the face' to women who might want to make 'the agonizing and very private decision to have an abortion.'" She also went on to say, "'Any violence perpetrated against that silly display was minor compared to how I felt when I saw it. Some of my students felt the same way, just outraged."' Below are pictures documenting Jacobsen and her students destroying the display.
Although I like to argue the issue of abortion, I am only going to argue the issue of free speech and first amendment rights. This issue is really a matter of where one person's freedoms end and another's starts. The First Amendment of the Constitution of the United States says: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances." Therefore people have the right to exercise their free speech and assemble peacefully. This is exactly what the Pro-Life group of NKU was doing. They had set up a memorial (their free speech and also approved by the school's administration) to protest against abortions. It was their right to do this.
Dr. Jacobsen has said that she was only exercising her right to free speech. According to the Cincinnati Post, "During a break in class, Jacobsen said she asked 'if any students wanted to participate in practicing their freedom of speech in destroying the very offensive right to life, anti-abortion display in the central plaza.'" Just about everyone at NKU and the Cincinnati Area have drawn sides on the issue. The Northerner, NKU's student ran newspaper polled students and asked their opinions of the issue.
I disagree with Dr. Jacobsen when she says she and her students are practicing their free speech. The proper way to protest against the "Cemetery of the Innocents" display or against abortion is not to destroy the memorial. One way to protest would be to create a monument calling for pro-choice or something of that nature. The destruction of another's free speech is NOT free speech. We do not have the right under the Constitution to take censorship into our own hands. It is not our right to destroy anything that may upset us or anything that we do not agree with. Like I said earlier, The Northern Right to Life display was approved by NKU's administration and it would be the administration's job to deem the memorial harmful and rule it to be taken down. It was not Jacobsen's job to enlist students to destroy the monument.
If we allow Jacobsen's definition of free speech to stand, it would be okay for me to spray paint in orange lettering "I HATE HILLARY CLINTON!" on every house in my neighborhood. No matter what Jacobsen says, destruction of property is not covered under free speech. I do understand that Jacobsen was upset by the display, that means the display was doing it's job. I can relate to her because many times that I am driving down the road and see a "I voted for Bush, I am sorry" bumper sticker or a "Bush sucks" bumper sticker or anything else that I don't support, and I do get mad, but it doesn't provoke me to slam my car into the other car or to shoot the person. I get a little frustrated, drive on, and slap on a "I Voted For Bush and I am Proud of It!" bumper sticker onto my car.
Different People's Opinions on the Issue
UPDATE!!!
According to The Northerner, Jacobsen and her students have been charged with misdemeanors. "The theft charge, which is a class A misdemeanor, is punishable by a $500 fine and up to one year in jail. A person with criminal mischief or criminal solicitation charges, which are class B misdemeanors, can be sentenced to 90 days in jail and a $250 fine. According to Verst, sentence severity depends on the criminal record and prior court history of an individual."
posted by Andrew W. Clark @ 2:30 PM
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