Civil Liberties Frontmatter 2/26/04 4:20 PM Page 1 OPPOSING VIEWPOINTS® Civil Liberties Frontmatter 2/26/04 4:20 PM Page 2 OTHER BOOKS OF RELATED INTEREST OPPOSING VIEWPOINTS SERIES Abortion Hate Groups American Values Homosexuality America’s Prisons Human Rights America’s Victims Illegal Immigration Biomedical Ethics Immigration Censorship Inequality: Opposing Viewpoints Crime and Criminals in Social Problems Criminal Justice Interracial America Culture Wars The Legal System Death and Dying Mass Media The Death Penalty Media Violence Discrimination Pornography Education in America Race Relations Euthanasia Social Justice Feminism Suicide Gun Control The War on Drugs CURRENT CONTROVERSIES SERIES The Abortion Controversy Hate Crimes Assisted Suicide Illegal Immigration Computers and Society Minorities The Disabled Native American Rights Ethics Police Brutality Free Speech Racism Gay Rights Violence in the Media Gun Control Women in the Military AT ISSUE SERIES Affirmative Action Immigration Policy Anti-Semitism The Jury System The Future of the Internet Legalizing Drugs Gay Marriage Physician-Assisted Suicide Civil Liberties Frontmatter 2/26/04 4:20 PM Page 3 OPPOSING VIEWPOINTS® David L. Bender, Publisher Bruno Leone, Executive Editor Bonnie Szumski, Editorial Director Brenda Stalcup, Managing Editor Scott Barbour, Senior Editor Tamara L. Roleff, Book Editor Greenhaven Press, Inc., San Diego, California Civil Liberties Frontmatter 2/26/04 4:20 PM Page 4 Cover photo: Craig MacLain Library of Congress Cataloging-in-Publication Data Civil liberties : opposing viewpoints / Tamara L. Roleff, book editor. p. cm. — (Opposing viewpoints series) Includes bibliographical references and index. ISBN 1-56510-936-8 (pbk. : alk. paper). — ISBN 1-56510-937-6 (lib. : alk. paper) 1. Civil rights—United States. I. Roleff,Tamara L., 1959– . II. Series: Opposing viewpoints series (Unnumbered) KF4749.A2C497 1999 98-11808 CIP Copyright ©1999 by Greenhaven Press, Inc. Printed in the U.S.A. No part of this book may be reproduced or used in any form or by any means, electrical, mechanical, or otherwise, including, but not limited to, photocopy, recording, or any information storage and retrieval system, without prior written permission from the publisher. Every effort has been made to trace the owners of copyrighted material. Greenhaven Press, Inc., P.O. Box 289009 San Diego, CA 92198-9009 Civil Liberties Frontmatter 2/26/04 4:20 PM Page 5 “CONGRESS SHALL MAKE NO LAW...ABRIDGING THE FREEDOM OF SPEECH, OR OF THE PRESS.” First Amendment to the U.S. Constitution The basic foundation of our democracy is the First Amendment guarantee of freedom of expression.The Opposing Viewpoints Series is dedicated to the concept of this basic freedom and the idea that it is more important to practice it than to enshrine it. Civil Liberties Frontmatter 2/26/04 4:20 PM Page 6 CONTENTS Why Consider Opposing Viewpoints? 9 Introduction 12 Chapter 1: Should Limits Be Placed on Freedom of Expression? Chapter Preface 16 1. Free Speech Should Be Restricted 17 Mark Y.Herring 2. Free Speech Should Not Be Restricted 22 Mark Turiano 3. Hate Speech Should Be Restricted 27 Richard Delgado and David Yun 4. Hate Speech Should Not Be Restricted 36 American Civil Liberties Union 5. Flag Burning as Political Speech Should Be Restricted 44 Richard Parker 6. Flag Burning as Political Speech Should Not Be Restricted 52 Part I: Roger Pilon,Part II: Carole Shields 7. The Government Should Legislate Against Pornography 59 Catherine Itzin 8. Pornography Should Not Be Restricted 65 Nadine Strossen Periodical Bibliography 70 Chapter 2: Is the Right to Privacy Threatened? Chapter Preface 72 1. A Loss of Privacy Benefits Society 73 Amitai Etzioni 2. A Loss of Privacy Harms Society 77 Joseph S. Fulda 3. More Laws Are Needed to Protect Privacy 81 Cass R. Sunstein 4. More Laws Are Not Needed to Protect Privacy 85 Jane E. Kirtley Civil Liberties Frontmatter 2/26/04 4:20 PM Page 7 5. Random Drug Tests on Student-Athletes Do Not Violate the Right to Privacy 89 Antonin Scalia et al. 6. Random Drug Tests on Student-Athletes Violate the Right to Privacy 98 Sandra Day O’Connor, John Paul Stevens, and David Souter 7. Wiretaps Violate the Right to Privacy 107 Laura W.Murphy 8. Wiretaps Are Necessary to Fight Crime 112 David Gelernter Periodical Bibliography 117 Chapter 3: Should Church and State Be Separate? Chapter Preface 119 1. The Constitution’s Framers Intended Strict Separation of Church and State 120 Baptist Joint Committee on Public Affairs 2. The Constitution’s Framers Did Not Intend Strict Separation of Church and State 128 M. Stanton Evans 3. School Prayer Threatens Religious Liberty 138 Roger Simon 4. Prohibiting School Prayer Threatens Religious Liberty 142 Linda Bowles 5. Tax Dollars Should Not Fund Religious Schools 146 Bob Peterson 6. Tax Dollars Should Fund Religious Schools 153 Denis P.Doyle Periodical Bibliography 159 Chapter 4: How Does the Internet Affect Civil Liberties? Chapter Preface 161 1. The Internet Threatens the Right to Privacy 162 Nathaniel Sheppard Jr. 2. The Internet’s Invasion of Privacy Is Exaggerated 166 Joseph Burns 3. Indecent Material on the Internet Should Be Censored 169 Shyla Welch Civil Liberties Frontmatter 2/26/04 4:20 PM Page 8 4. Censoring Indecent Material on the Internet Violates Free Speech 174 American Civil Liberties Union 5. Computer Encryption Threatens Public Safety 183 Robert S. Litt 6. Computer Encryption Codes Are Necessary to Protect Privacy 189 Part I: Peter Wayner,Part II: James P.Lucier Periodical Bibliography 195 For Further Discussion 196 Organizations to Contact 198 Bibliography of Books 201 Index 203 Civil Liberties Frontmatter 2/26/04 4:20 PM Page 9 WHY CONSIDER OPPOSING VIEWPOINTS? “The only way in which a human being can make some approach to knowing the whole of a subject is by hearing what can be said about it by persons of every variety of opinion and studying all modes in which it can be looked at by every character of mind. No wise man ever acquired his wisdom in any mode but this.” John Stuart Mill In our media-intensive culture it is not difficult to find differing opinions. Thousands of newspapers and magazines and dozens of radio and television talk shows resound with differing points of view.The difficulty lies in deciding which opinion to agree with and which “experts” seem the most credible. The more in- undated we become with differing opinions and claims, the more essential it is to hone critical reading and thinking skills to evaluate these ideas. Opposing Viewpoints books address this problem directly by presenting stimulating debates that can be used to enhance and teach these skills. The varied opinions con- tained in each book examine many different aspects of a single issue. While examining these conveniently edited opposing views, readers can develop critical thinking skills such as the ability to compare and contrast authors’ credibility, facts, argu- mentation styles, use of persuasive techniques, and other stylis- tic tools. In short, the Opposing Viewpoints Series is an ideal way to attain the higher-level thinking and reading skills so es- sential in a culture of diverse and contradictory opinions. In addition to providing a tool for critical thinking, Opposing Viewpoints books challenge readers to question their own strongly held opinions and assumptions. Most people form their opinions on the basis of upbringing, peer pressure, and per- sonal, cultural, or professional bias. By reading carefully bal- anced opposing views, readers must directly confront new ideas as well as the opinions of those with whom they disagree. This is not to simplistically argue that everyone who reads opposing views will—or should—change his or her opinion. Instead, the series enhances readers’ understanding of their own views by encouraging confrontation with opposing ideas. Careful exami- nation of others’ views can lead to the readers’ understanding of the logical inconsistencies in their own opinions, perspective on 9 Civil Liberties Frontmatter 2/26/04 4:20 PM Page 10 why they hold an opinion, and the consideration of the possi- bility that their opinion requires further evaluation. EVALUATING OTHER OPINIONS To ensure that this type of examination occurs, Opposing View- points books present all types of opinions. Prominent spokes- people on different sides of each issue as well as well-known professionals from many disciplines challenge the reader. An ad- ditional goal of the series is to provide a forum for other, less known, or even unpopular viewpoints. The opinion of an ordi- nary person who has had to make the decision to cut off life support from a terminally ill relative, for example, may be just as valuable and provide just as much insight as a medical ethi- cist’s professional opinion. The editors have two additional pur- poses in including these less known views. One, the editors en- courage readers to respect others’ opinions—even when not enhanced by professional credibility. It is only by reading or lis- tening to and objectively evaluating others’ ideas that one can determine whether they are worthy of consideration. Two, the inclusion of such viewpoints encourages the important critical thinking skill of objectively evaluating an author’s credentials and bias. This evaluation will illuminate an author’s reasons for taking a particular stance on an issue and will aid in readers’ evaluation of the author’s ideas. As series editors of the Opposing Viewpoints Series, it is our hope that these books will give readers a deeper understanding of the issues debated and an appreciation of the complexity of even seemingly simple issues when good and honest people disagree. This awareness is particularly important in a demo- cratic society such as ours in which people enter into public debate to determine the common good.