Topics Ethics

Question I know it is considered an abuse of free speech to shout "Fire!" in a crowded theater. But, should it also be considered an abuse of free speech to shout "Satan!" in a crowded fundamentalist church (supposing, for argument's sake, that doing so would engender a similar response)? How much does the universality or non-universality of the mindset of the people affected determine the wrongness of this action? A similar, but more personal situation is that my father, a WWII veteran, suffered from "shell shock" (a type of post-traumatic stress), yet a neighbor thought it amusing to set of loud fireworks not far from our house on Independence Day even after being informed of the distress it caused, and cited his right (probably a speech-related right) to do so. Are we obligated to take into account non-universal mindsets when determining if the right to free speech applies? What properties of certain mindsets in such cases would give them priority over free speech rights? The Danish cartoon case is the current motivation for my asking these questions.

Accepted:
February 24, 2008

Comments

I think the difference between the Danish cartoons and your father's relationship with the fireworks is based on the traditional liberal distinction between harm and offense. Your father was harmed by the fireworks and it was wrong of your neighbor to let them off. People may be offended by the Danish cartoons, but they are not harmed by them.

Of course, it might be argued that if there are riots and people are targetted for murder as a result of the cartoons then they do harm people. We then have to balance the potential harm with the good of allowing free speech. It seems clear that it is a good to allow people to express their critical views of other religions and their followers, if we are to encourage an open attitude to those religions and their founders. This is not the issue with someone crying "Fire" in a theater, no critical views are produced and no debate is thereby stimulated. Similarly with the fireworks on Independence Day.