AlterNet website
Douglas Laycock
laycockd at umich.edu
Fri Feb 9 18:32:42 PST 2007
Hedges was on the Colbert show tonight. There are probably re-runs
for those who are interested but missed it.
Quoting "Gibbens, Daniel G." <dgibbens at ou.edu>:
> Thanks, Eugene. I am reminded of Holmes "[O]ur Constitution] is an
> experiment, as all life is an experiment. Every year if not every
day
> we have to wager our salvation upon some prophecy based upon
> imperfect knowledge. While that experiment is part of our system I
> think that we should be eternally vigilant against attempts to
check
> the expression of opinions that we loathe and believe to be fraught
> with death, unless they so imminently threaten immediate
interference
> with the lawful and pressing purposes of the law that an immediate
> check is required to save the country." My assumption (Hedges
would
> apparently declare it's naiveté) is that the condition "so
imminently
> threaten immediate interference" is far from being reached.
>
> Dan
>
>
> -----Original Message-----
> From: religionlaw-bounces at lists.ucla.edu
> [mailto:religionlaw-bounces at lists.ucla.edu] On Behalf Of Volokh,
> Eugene
> Sent: Thursday, February 08, 2007 5:22 PM
> To: Law & Religion issues for Law Academics
> Subject: RE: AlterNet website
>
>
> The article is by Chris Hedges, a Nation Institute fellow and
> former NPR and New York Times reporter; he is the author of a book
on
> this subject (American Fascists). He also takes the view that "the
> radical Christian Right" should have its speech legally
restricted.
> From the
> book:
>
> "This is the awful paradox of tolerance. There arise moments
when
> those who would destroy the tolerance that makes an open society
> possible should no longer be tolerated. They must be held
accountable
> by institutions that maintain the free exchange of ideas and
liberty.
>
> "The radical Christian Right must be forced to include other
> points of view to counter their hate talk in their own broadcasts,
> watched by tens of millions of Americans. They must be denied the
> right to demonize whole segments of American society, saying they
are
> manipulated by Satan and worthy only of conversion or eradication.
> They must be made to treat their opponents with respect and
> acknowledge the right of a fair hearing even as they exercise their
> own freedom to disagree with their opponents.
>
> "Passivity in the face of the rise of the Christian Right
> threatens the democratic state. And the movement has targeted the
> last remaining obstacles to its systems of indoctrination, mounting
a
> fierce campaign to defeat hate-crime legislation, fearing the
courts
> could apply it to them as they spew hate talk over the radio,
> television and Internet."
>
> To clear up any ambiguity about whether he was calling for legal
> suppression ("denied the right to demonize") or just social
pressure,
> here's an excerpt from an NPR interview with Hedges:
>
> JIM (Caller): Yes. Yes, I am. I needed to ask the author --
I mean,
> I myself am a Christian, but I wouldn't even somewhat agree with
Pat
> Roberts. But the author stating that you need to restrict someone's
> free speech just for mere words, he's advocating -- I mean, what
he's
> advocating is fascism, is he (unintelligible)? ...
>
> Mr. HEDGES: I think that, you know, in a democratic
society, people
> don't have a right to preach the extermination of others, which has
> been a part of this movement of - certainly in terms of what should
> be done with homosexuals. You know, Rushdoony and others have
talked
> about 18 moral crimes for which people should be executed,
including
> apostasy, blasphemy, sodomy, and all - in order for an open society
> to function, it must function with a mutual respect, with a
respect...
>
> JIM: Sure.
>
> Mr. HEDGES: ...for other ways to be and other ways to
believe. And I
> think that the fringes of this movement have denied people that
> respect, which is why they fight so hard against hate crimes
> legislation
> -- such as exist in Canada -- being made law in the United States.
>
> [NEAL] CONAN: But Chris, to be fair, aren't you talking
about
> violating their right to free speech, their right to religion as
laid
> out in the First Amendment?
>
> Mr. HEDGES: Well, I think that when you preach -- or when
you call
> for the physical extermination of other people within the society,
> you know, you've crossed the bounds of free speech. I mean, we're
not
> going to turn a cable channel over to the Ku Klux Klan. Yet the
kinds
> of things that are allowed to be spewed out over much of Christian
> radio and television essentially preaches sedition. It preaches
civil
> war. It's not a difference of opinion. With that kind of rhetoric,
it
> becomes a fight for survival....
>
> Eugene
>
>
>
>
>
> ________________________________
>
> From: religionlaw-bounces at lists.ucla.edu
> [mailto:religionlaw-bounces at lists.ucla.edu] On Behalf Of Gibbens,
Daniel G.
> Sent: Thursday, February 08, 2007 2:21 PM
> To: Religionlaw at lists. ucla. edu
> Subject: AlterNet website
>
>
>
> On the recommendation of a friend, I just read an short
article on
> this website entitled "The Rise of Christian Fascism and Its Threat
> to American Democracy" posted today. I'm curious about any views
on
> the credibility of this website, or for that matter, on this
> particular article.
>
> Dan Gibbens
> University of Oklahoma College of Law
>
>
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>
>
Douglas Laycock
Yale Kamisar Collegiate Professor of Law
University of Michigan Law School
625 S. State St.
Ann Arbor, MI 48109-1215
734-647-9713
Links:
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