What Critics of Dr. Laura and Cordoba House Share

More


Good for Joan Walsh for having the temerity to spell out the word "nigger" in her post about Laura Schlessinger's notorious use of it in the radio broadcast that led to her resignation.  Like Walsh, "I hate the euphemism," and the growing lexicon of words that can only be referenced by their initials, regardless of context or the intent with which they're used.  Of course, linguistic bans enforced by social disapprobation are not legal bans that violate First Amendment rights, and Schlessinger's critics have their own rights to shame or boycott her and other speakers they disdain.  But they have no right not to be offended, and if she should be wary of encouraging bigotry, so should her liberal critics, as the furor over the lower Manhattan mosque has shown.
       
Muslims have a legal right to build their mosque near Ground Zero, opponents are apt to acknowledge, but, like Dr. Laura, they are excoriated for exercising their rights offensively.  "Our position is about sensitivity," the ADL explains, stressing that its opposition to the mosque has been "deeply misunderstood" and expressing pain at being accused of bigotry.  But by elevating sensitivity over liberty, the ADL promotes bigotry (perhaps unintentionally but not forgiveably.)  The ADL also promotes what John Stuart Mill famously decried as the "depotism of custom."  Sensitivity policing by private citizens is protected by the First Amendment but undermines its foundational commitment to freedom of speech and religion.  It is sophistry, or self-delusion, to claim that sensitivity-based opposition to a Muslim community center and mosque is consistent with support for the fundamental right to build it.  A right denied formally by the government or informally by a virtual mob is still a right denied.  

Besides, when informal pleas to exercise rights sensitively fail, they're apt to be followed by formal legal demands not to exercise rights at all, as the ADL should know, considering its efforts to stop a group of neo-Nazis from marching in Skokie, Illinois, some 30 years ago. The ADL lost that battle, when the ACLU successfully defended the Nazi's First Amendment rights.  It might not lose a similar battle today, however, (and the ACLU might not wage one, at a similarly great financial cost.)  "Nazi's don't have a right to put up a sign next to the Holocaust Museum in Washington," Newt Gingrich declared, explaining his opposition to the mosque.  Actually they do; at least Nazis have the same rights as the ADL to post signs next to the Holocaust Museum or anywhere else.  

But a generation of supposedly progressive college students, accustomed to campus speech codes and raised to believe that "free speech doesn't include hate speech," would probably agree with the Gingrich, although some might disagree with his opposition to the lower Manhattan mosque, out of regard for diversity and a view of Muslims, (in this instance at least) as victims not offenders or oppressors.  What's lost in our debates about the right to worship or speak is the understanding that all of us share the same rights whether we're celebrated by the majority as victims or condemned as victimizers; we have a right to give offense and an obligation to take it.  

Jump to comments

Wendy Kaminer is an author, lawyer, and civil libertarian. She is the author of I'm Dysfunctional, You're Dysfunctional, and a past recipient of a Guggenheim Fellowship. More

Wendy Kaminer is a lawyer and social critic who has been a contributing editor of The Atlantic since 1991. She writes about law, liberty, feminism, religion and popular culture and has written eight books, including Worst InstinctsFree for All; Sleeping with Extra-Terrestrials; and I'm Dysfunctional, You're Dysfunctional. Kaminer worked as a staff attorney in the New York Legal Aid Society and in the New York City Mayor's Office and was awarded a Guggenheim Fellowship in 1993. She is a renowned contrarian who has tackled the issues of censorship and pornography, feminism, pop psychology, gender roles and identities, crime and the criminal-justice system, and gun control. Her articles and reviews have appeared in The Atlantic, The New York Times, The Wall Street Journal, Newsweek, The American Prospect, Dissent, The Nation, The Wilson Quarterly, Free Inquiry, and spiked-online.com. Her commentaries have aired on National Public Radio. She serves on the board of the Bill of Rights Defense Committee, the advisory boards of the Foundation for Individual Rights in Education and the Secular Coalition for America, and is a member of the Massachusetts State Advisory Committee to the U.S. Civil Rights Commission.

Get Today's Top Stories in Your Inbox (preview)


Elsewhere on the web

Join the Discussion

After you comment, click Post. If you’re not already logged in you will be asked to log in or register. blog comments powered by Disqus

Video

Miami: The Next Big Start-Up City?

How the city became a center for innovation

Video

Video

A Brief History of Romantic Comedies

From The Atlantic's Chris Orr

Video

Video

Life in 'the New Arctic'

A moving portrait of a fading landscape

Video

Video

The Rise of New York City

A fascinating look at Manhattan in the 1940s

Video

'I Thought It Was Really Funny, but No One Else Did'

A day with New Yorker cartoonist Joe Dator

Video

New Yorkers: The Winemaker

Make your own wine ... in New York City

Video

What Is Methane Hydrate?

"Flaming ice" is a vast natural energy source

Video

NASA's Time-Lapse of the Sun

Now with epic dubstep music

Video

A Video Letter From the Editor

Highlights from the May 2013 issue

Video

Shaken Not Tuned: Cocktail Experiments

Can a tuning fork improve a cocktail?

Video

Video

The Rise of Environmentalism

Tracking 50 years, from the Love Canal disaster to Greenpeace

Video

Is He Cheating? A 1950s Guide

'That little blonde secretary from the office?’

Video

New Yorkers: Vintage Vacuum-Tube Amps

Risking electric shock to restore old amplifiers

Video

The DIY Piano-Bicycle

Everybody needs a hobby

Writers

Up
Down

More in National

In Focus

2013 National Geographic Traveler Photo Contest

From This Author

Just In