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- From: matt@smoke.brl.mil (Matthew Rosenblatt)
- Newsgroups: misc.legal
- Subject: Re: The Supreme Court Upholds Freedom of Speech
- Summary: Dow Chemical Company meets Tiller the Killer.
- Keywords: Napalm; Saline solution
- Message-ID: <19603@smoke.brl.mil>
- Date: 26 Jan 93 13:54:46 GMT
- References: <griswoldj-220193093948@jlg_mac.bntley.ingr.com> <1jqe2lINN8cf@shelley.u.washington.edu> <1993Jan26.012131.2766@wdl.loral.com>
- Organization: U.S. Army Ballistic Research Lab, APG MD.
- Lines: 75
-
- In article <1993Jan26.012131.2766@wdl.loral.com>
- bard@cutter.ssd.loral.com writes:
-
- >The Supreme Court has historically interpreted the Ku Klux Klan Act of
- >1871 as requiring `class based animus' on the part of any alleged
- >`conspiracy,' and the pro-abortion-rights argument goes that
- >protestors who block access to women's health clinics *are* acting
- >with `class based animus' -- that clearly, any organization that holds
- >that the State has a compelling interest in controlling the
- >reproductive systems in the bodies of a specific class of people, and
- >only those people, is self-evidently hostile to such a class.
-
- >The Supreme Court disagreed. [J H Woodyatt]
-
- As well it might: The description, "any organization that holds
- that the State has a compelling interest in controlling the
- reproductive systems in the bodies of a specific class of people,"
- happens to fit the 3-man subset of the U. S. Supreme Court itself
- that dissented in the case of _Roe v. Wade_, 410 U.S. 113 (1973),
- as well as the subset of Justices who dissented in _Planned Parenthood
- v. Casey_ last year and who would have overturned _Roe_.
-
- >. . . This has absolutely nothing to do with
- >freedom of speech, and nothing to do with the effectivity of civil
- >disobedience in the effecting of political change. The whole argument
- >is over whether one can participate in an organized blockade designed
- >to deprive women access to a women's health clinic without having any
- >animosity toward the women so deprived. [J H Woodyatt]
-
- There was a time when pro-Vietcong, anti-war protestors blockaded
- the office in Mallinckrodt Hall, Harvard University's Chemistry
- building, where recruiters from the Dow Chemical Company were waiting
- to meet with students interested in working for Dow. Dow Chemical
- Company were the makers of napalm, as in the famous picture of a
- nine-year-old Vietnamese girl screaming while she ran, naked, to get
- away from Dow's product.
-
- It is entirely possible that the Vietnik protestors had no animosity
- toward their fellow Harvard students. Rather, their animosity was
- toward the manufacturer and seller of a product that burns little
- girls to death. It is also entirely possible that the Right-to-Lifer
- protestors at Doctor Tiller's third-trimester-abortion clinic in Topeka,
- Kansas, had no animosity toward the pregnant ladies and girls who sought
- the Doctor's services, but rather that their animosity was toward a
- Doctor who, sworn to devote his life to healing, was instead engaged
- in burning six-, seven-, and eight-month unborn babies to death with
- saline solution or tearing them to pieces in "Dilatation & Evacuation"
- procedures.
-
- >The Supreme Court said in a 5-4 decision, basically, ``Yes.'' -- that
- >one can be completely free of animosity towards women while engaging
- >in activity explicitly designed to prevent them from exercising the
- >freedom to control their own reproductive systems. [J H Woodyatt]
-
- It is easy to see how the Court's majority arrived at this conclusion.
- The activity of the Vietnik protestors at Mallinckrodt Hall was
- explicitly designed to prevent the Dow Chemical Company from
- recruiting workers to carry on its lawful business of dealing in death.
- The fact that their blockade also prevented Harvard students from
- exercising their freedom to choose where one wishes to apply for work
- does not imply any animosity on the Vietniks' part towards those
- particular Harvard students, let alone towards Harvard students
- in general. Are we to suppose that the "Ku Klux Klan Act" applied
- to these protestors' activities?
-
- Let me commend Mr. Woodyatt for his fine, explanatory article,
- refreshingly free from the kind of passionate emotionality that
- so often appears in the usual exchanges on this subject between
- the Pro-Death side and Pro-Lifers like . . .
-
- -- Matt Rosenblatt
- (matt@amsaa.brl.mil)
-
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- "quod semper, quod ubique, quod ab omnibus"
-