Showing posts with label First Amendment. Show all posts
Showing posts with label First Amendment. Show all posts

Monday, July 18, 2011

Cain and Un-Able

Herman Cain should be ashamed.  In a weekend interview with Fox's Chris Wallace, the Republican presidential candidate argued that communities have a right to ban the construction of mosques.  Cain argued that
[o]ur Constitution guarantees separation of church and state. Islam combines church and state. They're using the church part of our First Amendment to infuse their morals in that community, and the people of that community do not like it. They disagree with it.
Cain's interpretation of the First Amendment is undeniably erroneous.  The separation of church and state is meant to both protect religious institutions from undue influence from the government and protect individuals from undue influence from a state religion.  It was never meant to be used as a weapon by communities to persecute or restrict those of another faith.

Even if one assumes that Cain's understanding of Islam is correct - namely that as a religion it is unable to separate its religious doctrines from its conceptualization of the rule of law - his remedy is far from appropriate.  Religions or other groups that profess ideologies that run counter to precepts in the constitution are not to be repressed due to their beliefs.  Every Muslim may want to turn the United States into an Islamic state (most assuredly do not), yet that would not warrant preventing them from practicing or even preaching their ideas. 

Instead, it is the responsibility of the state to disallow violations of the constitution.  The courts, for instance, should strike down laws and regulations that violate the precept of separation of church and state, whether such laws are based in sharia, Christian or Jewish law.  If such checks function properly (and they largely do), from the perspective of the First Amendment there should be little reason to interfere with the religious practices of any group in America.

Protection of minority religions is precisely why the concept of separation of church and state is necessary.  Muslim-Americans should be protected by it not persecuted under it.  Whatever their beliefs may be, as long as they stay within the community and are not being forced upon others they should have the right to worship as they see fit.  Only when such forms of worship cross the line and lead to religiously-based law should the state step-in to prevent such behavior.  A mosque in Tennessee is absolutely acceptable; a law requiring the donning of burqas is not.

Cain's understanding of the constitution and his comments are an embarrassment to all Republicans.  Not that this long-shot candidate was every taken seriously, but his perspective is unfortunately damaging to legitimate Republican candidates who have been unfairly linked to this Islamophobic mentality. Republicans need to disavow such candidates and rhetoric if they hope to be taken seriously amongst the pivotal independent voters.

Monday, October 25, 2010

Juan and Done: Political Correctness Gone Too Far

Juan Williams’s recent termination from NPR provides yet another stark example of a hostile and intolerant political correctness. The left-of center NPR, after seemingly receiving pressure from a number of sources, fired Williams after he made comments regarding his personal reaction to certain Muslims on Bill O’Reilly’s The O’Reilly Factor.

Williams, who is also an analyst at Fox News, was challenging O’Reilly on associating terrorists with Muslims, stated, "Look, Bill, I'm not a bigot. You know the kind of books I've written about the civil rights movement in this country. But when I get on the plane, I got to tell you, if I see people who are in Muslim garb and I think, you know, they are identifying themselves first and foremost as Muslims, I get worried. I get nervous.”

Putting aside the specific discussion of Islam and terrorism, there is a profound irony that Williams was terminated in the name of political correctness, precisely for an astute criticism of the horrid practice. In his discussion with O’Reilly, the first point that Williams made was that “political correctness can lead to some kind of paralysis where you don’t address reality.”

This philosophy is unerringly correct. Faced by pressures from left-wing relativists and, in this instance, Muslim interest groups, America has been confined to speak only in narrow platitudes and “tolerant” talking-points. Deviations, whether right or wrong, are inexcusable. But, as Williams so eloquently concluded, this creates reality-distorting paralyses, where real issues cannot be discussed in any serious fashion. This banality not only handicaps America, but it is representative of a growing illiberal intolerance.

The illiberality of this type of political correctness is relatively clear. While NPR is correct to argue that “[Juan] does not have a First Amendment right to be paid by NPR for saying whatever he wants,” this fact ignores the underlying need for free speech and free press. NPR does not have any obligation to keep Williams on, but if they are committed to being a relevant source for honest news, they are foolish to silence legitimate, mainstream discussions for fear of offending those who would rather not talk about difficult issues.

This tacit illiberality is precisely why political correctness is such a handicap. Real dialogue is indispensable to the functioning of any democracy and essential for the successful handling of innumerable issues. However, it cannot progress when stifled by the heavy hand of political correctness. Williams’s fear, again regardless of whether right or wrong, is one that is shared by millions of Americans. And while, for the sake of the argument we will postpone the discussion of whether this fear is justified, there clearly are arguments to be made on both sides of the issue. Precisely because it is real for some many Americans, open discourse is necessary to address this trepidation – whether to assuage misguided fears or correct the circumstances that give rise to prudent concerns.

Williams’s honesty was exemplary of this type of dialogue. He was expressing a fact, not an opinion about what he felt (not a fact about Muslims being or not being a security threat). He was being honest and open. Furthermore, far from providing an opinion that such a sentiment was right, Williams was essentially offering a sort of confessional. He put forward, despite his belief that Muslims should not be categorically linked with terrorism, that he still felt something visceral.

More open dialogue of this sort is needed. By attempting to stifle Williams, NPR has contributed to a declining failure of American leaders and journalism in providing open forums for discussion about meaningful, but sensitive, topics. America’s progress will come to a crashing halt if prohibitions are continuously placed on this sort of dialogue.