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The First Amendment and Brother Stephen's right to speak

I wish to briefly correct a small misstatement by the Rev. Dr. Stephen L. White with regards to Brother Stephen's rights. Dr. White asserts that Brother Stephen has a "Constitutional right to say anything he likes in a public place, whether anyone else likes it or not." This characterization misses the point that the First Amendment limits government power (federal and state, by virtue of the Fourteenth Amendment). While this distinction might seem trivial, it would allow, for example, the Commissioner of Major League Baseball to fire or penalize John Rocker for making racist statements to Sports Illustrated (See Professor Alan Dershowitz's op-ed in The New York Times on Feb. 2, 2000 for more detail). The First Amendment does not protect a speaker from non-governmental reprisal (provided the reprisal itself is, of course, legal). However, the spirit of open exchange and democracy should mandate de facto freedom for all points of view and a general regard for humanity should preclude the kind of assault Brother Stephen endured. That the government allows an action does not make that action right. In this respect, Dr. White captured the spirit of our Bill of Rights perfectly.

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