- Reviews & Essays
- A Free Speech Quiz
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Click hereNote: The form of this essay is 8 quiz questions followed by a review/analysis of the broader issue involved. Feel free to answer as many or as few as you wish. There are no right or wrong approaches to these questions, they are simply talking points on the extremely complicated topic of Free Speech.
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1. An "Adult Boutique" is scheduled to open in your neighborhood, including raunchy movies, peep shows, and sexual toys. Which of the following statements most closely approaches your feelings about this project?
a) I would be completely OK with the Boutique opening.
b) I would be OK with it, if the hours were midnight to 6 AM.
c) I would not be OK at all, and would sign a petition to have the building permit denied.
This is a classic Free Speech conundrum. Any business has the right to open and offer its peculiar brand of goods and services to the community. One important question here is "How important is pornography and material relating to it?" On the negative side, studies have shown pornography can bring out negative feelings towards women in certain predisposed individuals. In the worst case scenario, one can imagine a horrific scene arising from viewing a film about bondage/humiliation.
On the other hand, it has been argued that most men and women just view pornography as nothing more than a masturbatory aid, and a harmless one at that. Why couldn't a man purchase a pair of edible panties for his girlfriend if he felt his sex life would be improved? Would the neighborhood automatically go downhill through the "encroachment" of such a store? Does "hedonistic sex" as encouraged by pornography lead to the subtle deterioration of a society? And perhaps the most important question, "Does a town, county, state or government have the right or power to close down such a business?" There are no easy or definitive answers here, I am hoping someone will examine this question in a more thorough treatment.
2. Your 18 year old straight son asks if it is all right to have his 19 year old gay friend spend the night. After concealing your surprise, you say:
a) "Sure, as long as you sleep in different rooms."
b) "No way, I would be uncomfortable."
c) "Yeah, no problem."
Another Free Speech dilemma. Certainly, anyone has the right to choose the sexuality that is right for them. However it seems with homosexuality in particular, some individuals believe that gay men are always looking for weak willed straight individuals to "convert."
Dovetailing this is the simple fact that in most states an 18 year old is considered an adult, and therefore free to do whatever he wants in bed. Should parents have a say in the sleeping arrangements in this case? Some might argue, "Well, it's their house and they have the right to set up rules that make them feel comfortable." Another angle is why the 18 year old son would feel compelled to mentioned his friend is gay at all. Is he worried what might happen if he sleeps in the same room with his friend?
My personal belief is that effective parent-child communication needs to start at an early age to yield the level of trust that is needed to have a heart-to-heart talk on this issue.
3. Your neighbor has this thing for flamingos. He has a flamingo shaped mailbox, a flamingo colored car, and (gulp!) two dozen plastic flamingos living it up on his lawn. Everyone in the neighborhood is sick and tired of his flamingo fetish and one person starts a petition to ask him to remove the hot pink eyesores. When asked to sign the petition, you say:
a) "Sure, he is really dragging the neighborhood downhill."
b) "Yeah, but that's not enough. Let's have the town force him to remove them."
c) "Hell no, I love flamingos, too!"
Apparently trivial issues like this can actually cause a great deal of resentment and hurt feelings. Of course, the obvious argument is "It's his property and he could cover it with dog poop if he wanted to." But at what point do "things" placed on a property exceed what society calls "good taste"? I used to live across the street from a woman who did not believe in throwing away old lawn chairs, propane tanks, etc. and the debris simply piled up on her lawn until it was one gigantic eyesore. Many attempts were made by the neighborhood to get the rusty garbage removed, to no avail. Apparently, the larger question is "Do the unorthodox decisions of one individual have less value than those that are designed for the common good?" If the old propane tank started leaking fuel and there was the danger of an explosion, it would have to go, but before that point?? At the moment, it seems all one can do in a case like this is ask the person nicely to remove the offending objects. I doubt if local authorities can or would make much difference.
4. A section of your state needs more power, so power lines are slated to be upgraded in a 25 mile stretch which includes the area near your house. Because it is physically and medically dangerous to be close to so much power, the state proposes to buy your house at fair market value, then plow it to the ground. A public hearing is held in your town concerning this issue. You decide to attend, and your opinion is:
a) "Sure, we'll take the money."
b) "Let's negotiate to try to move the lines to someone else's neighborhood."
c) "I'll take the chance and live near the increased power and electromagnetic shields."
This matter is very near and dear to me, because it is happening right now in my state and my sister may lose her house. The larger issue is "Do the free speech rights of a relatively few individuals need to yield to a process which is clearly designed to help a great many people?" The state has argued that it is unfair that so many millions will have to live with the danger of brownouts and power reductions just so a hundred or two families can keep their homes.
To play "devil's advocate", I would advocate a solution whereby the lines would either go underground or through public woods, fields, etc. It is simply too extreme to force an individual to abandon his property, especially when alternate solutions should be explored first!
5. An elderly couple lives in a town which has a very high school tax, since a brand new Middle School has just been completed. They petition to be exempt from the tax, since they have no children and are not allied with the public schools in any way. Where do you stand on this?
a) I totally disagree. Someone with children might eventually buy their property! Besides, they can sell their house for more because their community has fine schools, thus offsetting the tax burden.
b) I agree that they perhaps should pay on a "sliding scale", but still need to take on some of the tax burden.
c) I don't think they should have to pay any of the school tax, since they are on a fixed income.
Another question that hits home as I am single and have no children in my town's schools. Yet, virtually every year the mill rate goes up due to improvements within the school system. Is it too simplistic to merely say "If you have kids you pay, but if you don't you are exempt?" What about those elderly couples whose children went through the school system earlier? And those couples who have several children attending many schools versus those with an only child...should they have to pay even more?
One possibility is to make the property tax a combination of a home's assessed value and "school commitment". By that last phrase I mean the total number of children currently in school. It does seem like common sense that those taking advantage of a particular improvement should make the greatest financial commitment to it, but perhaps I'm missing something here. Comments, please?
6. Your 10 year old son makes an elaborate picture of heaven, complete with Jesus and several angels as part of a "free drawing" project in Art class. Later, he asks a few of his friends if they pray. His teacher immediately calls and asks if it is OK for your son to talk to the school psychologist. Your response is:
a) Sure, he draws heaven all the time at home, too!
b) I would prefer to talk about this matter with my son privately.
c) No way! What do those dumb school psychologists know anyway!
I'm a school psychologist and this event actually happened. Personally, I think it is healthy to express the enthusiasm and confidence in one's faith, and for children drawing is the ideal medium. Asking other children if they pray is much trickier, as they may wish to keep the answer to such a question private. It is really impossible to separate the church and state completely and I question whether such a complete schism is even desirable. If you devote one day out of seven to worship, that's more than 50 days a year, or nearly a year and one half in ten years! Why pretend religion is a small part of your life just to satisfy the separation of church and state requirement? I don't believe in preaching religion in schools, but surely a quiet enjoyment of one's faith is desirable and to be encouraged...
7. Someone from your workplace examines the pattern of your e-mails and determines that you have been visiting Literotica one time each day (to check the rating of your Free Speech Contest essay, of course!) Since Literotica is an "adult site", you get a written warning, the next step being dismissal. Your attitude toward this company policy is:
a) Screw it! Literotica rules!
b) I agree, after all I shouldn't be using company time checking e-mails.
c) A simple discussion of the issue should be enough, I would ask that the warning be removed from my file.
Ah, the information age! This is as sticky as molasses, because it would be quite different if someone accessed the internet during their lunch hour or 15 minute break versus when they are actually supposed to work. In the former example, would it be OK to visit Literotica on a computer? I would say "no" mainly because in my working environment at least, there is a slim chance that a child could view my actions. However, in an all adult setting, one should be able to surf adult sites, especially if the computer is one's own. Using a company computer for such actions is more controversial, I can see either side. Reluctantly, I would ultimately agree with only checking controversial websites in the privacy of one's home...a great deal is at stake, and the risk of being terminated is simply too great.
8. Your 14 year old daughter is upset about a new, very restrictive dress code in her high school, so she leads a controversial petition to have it dropped. At the same time, teachers start treating her poorly, and she is demoted from her position as captain of the softball team, for seemingly unrelated reasons. You make an appointment with the school principal, and your position is:
a) Your daughter has the right to her freedom of speech, and shouldn't be stifled by the administration.
b) You agree that the dress code is important, and suggest a compromise whereby only parts of it are modified.
c) You completely agree with the school's treatment of your daughter.
Of all the questions, this one is the most personally frustrating, as it actually happened in my school system. Education is so frigging phony...we encourage students to be creative thinkers and write "persuasion papers" and then when they actually do something creative and non-conformist we quickly squelch them. Is this process simply a power struggle between insecure adults and increasingly dissatisfied children? Or are schools obsessed with merely pumping out good little soldiers who won't talk back or disobey orders? Home Schooling is enjoying record popularity, and I don't think that fact is accidental. "Free Speech" in school is anything but. This particular student paid a huge price in the loss of popularity and self-esteem. After attempting suicide, she is now in a Residential Placement, at a huge cost to taxpayers.
If this modest quiz opened your eyes a little more and made you get "emotional", you get a "100". Free Speech is never as obvious as one thinks, and I thank Literotica for realizing the importance of this type of contest.
Class dismissed...
- COMMENTS
Anonymousalmost 18 years agoyou asked about whether a person with no children should have to pay a property tax that is going to the school district when they have no children. i think they should everyone benefits from an improved school system whether they have children in the system or not. school is not just about the children or the parents it is about the community. a community and the coutry is improved with better school systems so trying to opt out by saying i have no kids or whatever is just stupid. it is narrowing the issue to only yourself when there is much more at stake. all of your questions are good ones that everyone should ask themselves but the issues behind them are broad and reach into every part of our lives and society so i dont know if we will solve them in this lifetime.
Anonymousover 18 years agoAs the author demonstrated, Free Speech n' all its relatives are not the black and whites a naive '60's collegiant glibly preached. When is a "person" old enough and/or intellectually capable to make and practice an informed choice? Should a majority of individuals' thoughts overrule the contrary thought of a lone individual? Does a society have or not have the right to establish a basic ethical/moral code for itself?
Being one whom many in the USA would class "liberal" and "free-thinking", I do feel it's only consistent to remember these things: as I support free speech, I must also support the privilege of those who oppose free speech to speak out, too; and, while I may feel strongly that a certain choice is best, I need to grant other individuals the privilege of a contrary opinion.
The tension between the individual and the society has kept history interesting (to say the least!).
Anonymousalmost 19 years agoSo, basically, you're saying you didn't even bother to keep it within the "Free Speech" domain, but think because you brought up some hot-button issues elsewhere in government relations that you should be treated nicer, because you were gutsy and pushed the envelope? As far as you were going, I honestly expected to see a "A man farts in a public place and people stare. How will you react?" type of question. Well, the envelope's been pushed so hard the paper tore and your submission's scattered among the common mail.
While your submission was an interesting read, it had very little to do with free speech, or anything even close to it. And why exactly did you assume everyone would be shocked that their son had a gay friend? That was the most bothersome part of the entire thing to me, other than the lack of free speech issues.
Wanting kudos for your efforts is like a student assigned to do a history report writing a report on "South Park" and insisting he should get a good grade because the grammar and spelling were perfect!
~hellbaby~almost 19 years agoThere is much to think about here. My thoughts vary so to err safely I'll just say this. On the school tax, I used to think it wasn't fair to pay the tax because I had no kids. It made me want to go out and have ten kids, looking back, I should have thought it over more;)
Seriously, my son attends Catholic school but school taxes are important for everyone to pay. A school with ample funding can provide a better education and more activities for the neighborhood children, thus guiding them in the right direction which ultimately makes the neighborhood a safer and better place. Schools also provide adult education and night courses. The upkeep and appearence of the buildings benefit also.Part of the other taxes a person pays goes towards trash pick up, to say a slide scale could be used in regards to school tax is one step ahead of saying the amount of trash you make should be taken into consideration when determining tax rates.
sackalmost 19 years agoAuthorWhen writing this essay, I deliberately painted the concept of free speech with an extremely wide brush, to get the best possible range of responses, and didn't stick at all to the rather narrow definition afforded by the 1st amendment. Frankly, I don't think it is very interesting for the Literotica audience to see which ones are being marked off as not pertaining to free speech...since virtually everyone has a different concept of what constitutues free speech, that could never really be determined anyway.
Those of you that are voting this down because in your mind some examples do not pertain to free speech are missing the boat here. This is contest which has to do largely with effective writing, not a picky test of the participant's knowledge of free speech. I've tried my best to provide two entries that will make you think and which are far different than the typical run. If you want an essay that reads like an encyclopedic article there are others here that fit that description.
"Scoring" me on the basis of how many examples have to do with a narrow definition of free speech is totally unfair and in my opinion, not in the best spirit of the contest.
cwbuddyalmost 19 years ago1. Communities, as a group, have rights that outwiegh that of the individual. This type of business has allot of side problems, prostitution to name one, that make it unaceptable in a residential area.
2. This has nothing to do with free speech.
3. There's a difference between having garbage in the yard and having lawn ornaments. I hate it when people use these type of examples for free speech.
4. Also nothing to do with free speech, it's called immenant domain get over it. How much do you want to pay for electricity?
5. Again I don't see this as a speech issue. It is for the greater good that children are educated, everyone sees benefit from it.
6. I stay away from religion but it does bug me how presumptious the schools get.
7. You own your own computer at work??????? If your at work you have to follow rules, this is another area where I think people, especially union, totaly miss use the constitution, DO YOUR PORN SURFING AT HOME.
8. My daughter wouldn't have a problem with a dress code because she wouldn't be dress like a stripper to begain with. If parents would be parents then the schools could work on actually teaching instead of being a parent.
Your over all SA if flawed, what about responsibility, The community has the responsibility to be protected from adult businesses, The state has the responsibility to keep the power grid working for eveyone, the comminity has the responibility to eduacate it's young, and so on. Everyone screems about thier rights but no-one tlks about responsibility.
Anonymousalmost 19 years agoLike several of the others here, I don't believe many of the examples you gave were "free speech" examples. I just got my bachelor's in criminal justice and we had several courses on Constitutional Law- which I blazed through with A's (don't talk to me about statistics, though!). You're not alone in lumping too much under the "free speech" banner, lots of people do it. It was rampant when the whole Dixie Chicks this was going on and there were a bunch of people whining that the annoying loudmouth's right to free speech was violated. Actually, censure by the public is completely legal. Private businesses don't have to put up with someone walking around telling everyone that a competitor's prices are cheaper. Churches can remove someone from their memberships for speaking against the church's teachings. Free speech is only a protection against the government (and government entities) taking action against individuals for dissenting.
The adult store, if placed in a non-residential area where children won't gain access isn't such a bad thing. I know there would be a lot of unhappy people if one went in, but as long as it's managed correctly, and only those old enough to gain access do, then I'd have no problem with it. People will get sex toys and videos online or elsewhere if it's not there, and if it is, the owner's paying property tax, and the state's getting sales tax, so it's doing the community some good.
I think the issue with the gay friend is definitely NOT a free speech issue. No government entities are involved in any way. I'd let the kid stay over, get to know the gay kid, and develop my opinion on how thrilled or not I am with the two of them being friends by that opinion.
OK, the flamingos one, as you worded the scenario, is not a free speech issue. If the petition is handed to him by private citizens as a way of using their clout as his neighbors collectively to try and get him to get rid of the flamingos, then it's just a private matter. When the petition is handed to the mayor to make him want to take action against the guy on behalf of the city, then it's a free speech issue. If it were me, I'd try and divert him without turning it into a battle. Get him involved with a new hobby or collection somehow. With a little effort, most of these issuse can be handled peacefully. If they're handled wrong, they can be a mess. Locally, we have one guy who's worth millions in a town where the average household income is like $16,000. He owned several pieces of trashy property, with houses that are falling down. Because the mayor went to him and demanded that he clean those properties up instead of trying to be diplomatic about it, lawsuits were filed, and eventually, the town backed down and left him alone because their legal budget for the year was all tied up on him, and he was bragging that they hadn't even made him get past the pocket change. Eventually, some of the neighbors asked him nicely to remove the houses because they were dangerous for the local kids to be around, and within a week, they were gone. It's all about how things are handled.
The power line one is definitely not a free speech issue, as you've written it. That's an issue of Imminent Domain- fight too long and they can lower the offer and give your sister no choice, I've seen it happen. In that case, as badly as I know it hurts to lose a home, the greater good has to be served. Burying lines is inefficient, since there is power loss through leakage in buried lines (or so I've been told) and re-routing through uninhabited areas is unrealistic. Should they re-route around farmhouses that are in the way as well? Can you imagine the screwed up mess it would make? That makes almost as much sense as the lady who had the ideal solution for keeping deer from being hit on the road because it was inhumane to kill them so violently: Build an 8 ft. fence along roads everywhere. (I've seen deer get caught in an 8 ft. fence with 3 strands of barbed wire on top- the car was a much easier way to die.)
The elderly couple's issue, yet again, isn't a free speech issue, it's a tax issue, and it's protested all the time. My theory is, they went to school, and someone was paying taxes to pay for their school building, etc., and as someone else mentioned, the property value of a place that has a newer school is much higher than elsewhere generally. They can get themselves a nicer nursing home if they need to because of that school. I know it can be tough financially, but they get other tax breaks (at least here) for being elderly.
Yet again, a private company limiting what their employees use their equipment for, no matter whether the employee is on the clock or on break or on lunch or off the clock is totally acceptable. Doesn't matter what the material is, if the company doesn't want the employees viewing it, reading it, checking it, whatever on their computer, then yeah, it's their right to punish those who break the rules.
The girl's problem isn't detailed enough to really give me an idea of whether it's a free speech violation or not. It really depends on her tactics, and whether they were within the guidelines of student behavior. The unofficial punishments can be kind of iffy, since they fall under a govenrment entity realm, but it'd be hard to prove that it was motivated by the protest. If it was my kid, she would be told to wear what the school wanted her to, and she can dress how she wants (within reason) at home. Kids get too caught up in clothing and frivolous stuff at school, it's to their benefit to try to be individuals through their personalities, rather than how much of their stomachs they expose.
Harddaysknightalmost 19 years agoIt is not totally about free speech. You can complain and fight against power lines, but if imminent domain does rule, it is a legal ruling and does not stifle your right to speak against it. School taxes are based on real estate values in most states, and that is inherently wrong, but does not preclude your right to discuss or complain about it. If a school student feels their rights are being usurped, they not only have the right to protest, but should be encouraged to do so. When the WMD idea still existed, some schools banned “peace” shirts, but “God Bless USA” shirts were allowed. That should be protested vigorously! If opinions are allowed, then unpopular opinions must be permitted, as well as the popular ones. We, as Americans, not only have the right, but have the obligation, to protest injustices, and events and decisions, that erode our constitution. That does not mean we protest simply what we do not like, but rather those actions that are inherently wrong. We have no more rights than the least (the poorest and weakest) of our population.
DoctorWyldcardalmost 19 years agook lets dive right in.
1) Well a commmunity SHOULD be able to set 'standadrds' for it's self. How would a 'homosexual' section of a city feel if a milita-anti Gay church came to their neihborhood and set up shop?
A Bit of a Strawman but still.
and as a side note. I live in a town with a population of 30,000 and has 8 strip joints and a XXX store/place/area. So on the option on the midnight to 6am? I want to fucken sleep! regular business hours! or at most till 2am.
2)Gay friend? Ok
I personally would have a problem if it was a friend he 'migh' have a sexual relationship with, eithier it was a gay man and he was gay or a gal he wanted to stay over.
Yeah he's eighteen. but it's still my house! Does he want to pay rent? Give me $400 a month, plus what it takes to feed him and cover the rest of his bills and I won't care if he brings home a porn company for practice!
3)there is a suble line between cute and quirky, and driving your neighbors property values down becouse you want to express your rights. We had a case here recently where simular things like you stated were tried and the 'offenders' had to remove or lessen them. (one a person who liked x-mas so much they kept the stuff up all year long and the second a redneck with old furnature and appliances in their yard.) Both where seen as damaging to others property values so ...
Good thing the town took the redneck's stuff away for free.
God help us next x-mas though. ;)
4)I feel your pain, the residents here just lost a case where they wanted the lines diverted that the local power company was going to/is installing. Where does 'for the good of the people' end and 'lining the walets of the rich' begin?
5)I have to agree with Mr. Anon From Kali here. You have to pay for roads you never use. Police protection you , hopefully, never need; welfare you, again hopefully, never have to go on; etc
Sometimes the need of the many overwelm the need of the one.
6) OH NO! GOD IN SCHOOL! KILL 'IM!!!
please
I know people will hate me for this but there is no such thing as seperation of church and state.
look it up.
all it says is that the state will not extablish a state religion, or infringe on peoples rights to ahve a religion of their liking.
that's it.
Would the teacher think he needs help (he believes in god he's crazy!) if he had drawn his family as they prayed to Mecca? Or Studied the Tora(sp, well I killed that word, the Hebrew holy book)?
no becouse they would be afriad of being labled racist. but Christians are free targets! And those crosses they wear line up SO nicely in the scope!
7) an over reaction yeah but where I work we did have a simular case. worker looking at porn while they was suppost to be on the job. here I say that the charge of 'misuse of company property' is justified. If the write up doesn't say that I was looking at porn then I would hav no problem.
I pay for internet at home, I can look at what I want there. If I am so addicted to literotica (just one hit man! that's all I need!) or porn or chatting (another case from my work, co-worker who would chat with their frends/college buddies all day and not do their work) or what ever I would need professional help
Is it SO important that you can't wait 8-9 hours to see it?
8) You can't make a change without protest. Look at the 60's
Now I am for uniforms myself. But if my son/daughter wanted to protest I woudl support her, not agree but support her. it called growing up.
As long as she does it legaly I have no problem with her actions, IE she abides by the rules but speaks her mind civilly. No pain or damage.
Now for the school? hehehe that IS when I get involved. they are punishing her for being an individual. trying to make a 'nice little corparate clone'.
i think she would be happy to know that even if I disagree withher I will fight tooth and nail for her to have the RIGHT to challange authority.
And challanging authority is really what our country was founded on.
Thak you for making me think!
Anonymousalmost 19 years agoYou've opened some interesting questions, all of which I could comment on. But, for the sake of brevity, I'll limit myself to one issue only and that's the school tax issue.
While it might seem patently unfair to assess the childless the same school tax as those who have kids enrolled, the fact is those same childless people deal with products of our school systems every day. That doctor the old folks visit? Went to school. The Pharmacist? Went to school. The insurance agent? Same thing.
We ALL benefit, childless as well as folks with kids, when our school system is funded.
Now, had the issue been, "Should we build a swimming pool at the school and tax everyone?" then we have a different argument even though the school district promises to make the pool available to the community. Pools, terrariums, planetariums (we have a local high school with one), etc., are NOT necessary for a basic preparation for the endeavors to be encountered after the 12th-grade walk across the stage.
