09 October 2010

Common law

What is "Common Law?"  Anyone...anyone...?

It's...well, the Common Law.  The concept that communities and societies have the right, to a certain extent, to determine what's acceptable and what isn't.  This goes way farther back than the founding of America, even.  (Yes, there was life before America.  You know--the Before Time.  The Long-Long-Ago.)

So, What's This Foolishness that the Wraith is bringing up now?  Well, bear with me, and I will explain.  The Westboro Baptist Jerks are in the news again for protesting being assholes at the funeral of one of our fallen warriors.  This has led to a very volatile court battle concerning the limitations of the First Amendment.  Intelligent arguments have been made on both sides, especially by Jennifer,  but I believe they're all missing the point.

There were--and in a few cases, still are--statutes enshrined in state law concerning the concept of  "Fighting Words."  The basic principle held that you didn't have to engage in or threaten physical force...if your words and/or actions were clearly meant to cause grievous offense to someone, the offended party had every legal and moral right to beat the ever-loving crap out of you.

That's right--there was no legal recourse.  If you took it to court, and it came out that you'd talked trash about the defendant's mama, the judge would say something along the lines of, "You started it, dumbass.  Case dismissed."  This is how a civilized society used to do things, back in the dim and distant past before common sense was ruled illegal, immoral, oppressive, patriarchal, racist and individualistic.

Notice that there has been no mention of censorship through the power of law.  Everyone, including Phred Felps, has the right to say anything they like.  However, they will not be shielded from the consequences of their speech.

I have every right to walk through Harlem or Compton screaming "I HATE N*GG*RS!!"  I have every right to step into an outlaw biker bar and express the opinion that people who ride Harley-Davidsons are homosexuals.  I can do these things...but there will be consequences.  And if I don't get the concept, it will be made clear in short order.

The WBJ's are deliberately attempting to provoke people in the hopes that they can make lots of money by suing anyone who touches them.  What do you think would happen if the whole crew ended up bruised and bloody in the local hospital...and discovered that they couldn't charge or sue anyone?  What if this happened two or three times?  I'd bet they'd go find something else to do.

Please note that I am not advocating violence against anyone, even those who are so completely deluded as to dare to disagree with me.  My personal response to the WBJ's would be either to ignore them or shout them down.   I'm just giving you points to ponder, and recommending that if the WBJ's come to your town, you take a very careful inventory of your state and local statutes so you know what you aren't--and are--allowed to do.

I'm just sayin'.

1 comment:

Intelligent commentary is welcome. Spam will be annihilated. Stupidity will be mocked.