Today in class we watched a film that was based around Justices debating the First Amendment and pornographic material. In the film, the main argument was between a very liberal Justice, and a very conservative Justice who also happened to be the first female Justice. I have to admit, I usually stick to the side of freedom of speech as protected under the First Amendment, so in many ways, I agreed more with the liberal Justice (though not so much his attitude). I think the First Amendment is a tricky one, and issues regarding it can get pretty controversial. Generally the idea is it does not protect against something that can cause harm to another, but where do we start drawing that line? I think in many ways, that’s where the bulk of the issues come from. Like the Conservative Justice was trying to say, that is harms people in the psychological sense. That it harms the way of life of the American People. But who is the one that ultimately decides what is right or wrong in that sense? Is pornography wrong because it’s truly harmful or do we only see it as such because our Puritan background deems that nudity and sex is shameful and needs to be hidden away? I think ultimately it comes down to the individual, or in the case of a child, the parent or guardian to determine what is right or wrong for them.
As far as the issue of a woman on the Supreme Court, is because of the issue of woman’s rights. By allowing a woman on the Supreme Court, in a way can make the American people feel that they many different views and beliefs are being drawn upon for these decisions. While it does seem kind of unfair that they are only allowing woman candidates to take the place of the female Justice, I can understand it from the view that they want to let the American people feel that there isn’t a sexist issue. If a case that may have more bearing on a woman than a man, such as abortion, were to come to the Supreme Court, having a woman there would mean that it isn’t being decided by people who have no connection to its implications.
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