ACLU’s Norman Dorsen on free speech

CORNWALL, Conn. — Think the First Amendment allows you to say whatever you want? Think again.Probably nothing has been more debated, from so many different perspectives, as freedom of speech. In his more than 50 years as a law professor, consultant to the Supreme Court (weighing in on issues including the Pentagon Papers) and head of the American Civil Liberties Union (ACLU), Norman Dorsen is an expert on the subject. He has also written 16 books on Constitutional law. His ability to richly summarize and humorously present the aspects of the debate are enviable and delightful. The 75 or so people who filled the North Cornwall Meeting House Sunday afternoon enjoyed a painless yet serious lecture.His talk was the first in a series presented by the Northwest Chapter of the ACLU of Connecticut. It was planned for the home of John and Julia Scott, but response quickly overwhelmed that venue. In introducing Dorsen, Julia Scott recalled when Dorsen and his late wife, Harriet (also a renowned civil rights attorney), moved to Town Street in Cornwall. The Scotts were invited to dinner to meet a South African couple bravely fighting for rights for their fellow citizens. “He and Harriet would become an example for us all,” Scott said of their determination to expose the atrocities.State ACLU Director Andrew Schneider opened the Sept. 30 talk. The series, he said, is a celebration of a highly successful year in achieving objectives — in particular, the abolition in Connecticut of the death penalty, a goal for the last two decades.Dorsen went back to the beginning, when the Bill of Rights was written two years after the Constitution after it was found it were needed after all.The First Amendment says Congress may make no law that restricts numerous rights, including the right to observe a religion, peaceably assemble and exercise freedom of the press.Put in its simplest terms, this established a huge gray area. Supreme Court justices would eventually devise lists of categories of public speech disallowed by case law, such as slander, obscenities and “fighting words.”“No one was ever convicted on the fighting words claim,” Dorsen said, “but the category is still on the books. The world has changed and since the mid-1970s, there has been no case involving obscenities.”Content of speech is applied to all cases, with time, place and manner the guidelines for a legal determination. Dorsen noted that rights extend not just to spoken or written words, but to all sorts of forms of expression.Dorsen offered numerous intriguing court cases, and a look at how Supreme Court justices decide matters. Interestingly, he said, a study has been conducted on how their backgrounds factor into decisions involving rights.Over the years, the justices have made some surprising decisions, such as upholding the right to burn a flag in protest of President Ronald Reagan’s policies. What it comes down to is intent, and the balance of freedom of expression against the negative consequences.“For example, if you wanted to protest the town budget, you can protest on the street,” Dorsen said, offering a more local example, “but you can’t go on [First Selectman] Gordon Ridgway’s property at 3 a.m. and chant, ‘Cut the budget,’ and interfere with his and his family’s life.”In another instance, the Occupy Wall Street movement is constitutional when laws are not being broken. “No one bothered them when the park was open, but when they set up tents and planned to spend the night, it was a different matter.”The next two lectures will be held at the Rooster Tail Inn in Warren. David McGuire, staff attorney for the Connecticut ACLU, will speak Monday, Oct. 15, at 6 p.m. on “Recent Prison Reform Successes in Connecticut and the Work Still To Be Accomplished.” Monday, Nov. 19, will bring “Shielding the Press: Should Reporters Ever Have to Reveal Their Sources?” The talk will be presented by Keith Johnson, former foreign correspondent for Time and senior editor of Fortune; and John Miller, former writer for NBC Nightly News and the Today show.Programs are free and open to the public. No reservations are needed. Dorsen and Johnson are members of the Executive Committee of the Lakeville Journal Co.

Latest News

Humans welcome too at ‘Dogs Only Hike’

Hikers of all shapes, sizes and species gather atop Cherry Hill to enjoy the morning sunshine.

Alec Linden

Rusty maple leaves shook overhead in a light morning breeze as hikers both human and dog mingled at the edge of a large field. Residents and their canine companions congregated the morning of Saturday, Sept. 21, at the Hart Farm Preserve for the Cornwall Conservation Trust’s (CCT) “Dogs Only Hike,” and pleasant chit-chat filled the air, interrupted by the occasional bark or whine.

Previously, the CCT’s guided walks did not allow dogs to join due to logistical and safety concerns such as trip hazards from leashes and excitable pets, CCT board member Katherine Freygang explained. She organized this outing so that residents could finally enjoy a guided walk on CCT managed land without leaving their furry friends at home.

Keep ReadingShow less
Charlie Brown comes to town

Cast members each get to shine in the production at the Sharon Playhouse, running until Sept. 29.

Matthew Kreta

The Sharon Playhouse opened the final production of their main season, “You’re a Good Man Charlie Brown” on Friday, Sept 20. The show will be open until Sept 29 and has a run time of one hour and forty minutes.

The popular “Peanuts” comic strip upon which the show is based lends an inspiration far beyond the characters and their likenesses. The vast majority of the play flows quickly from scene to scene. Most scenes are structured like a four panel comic strip and no central plot point in the show stays for more than a few minutes. These quick changes are intermingled with delightful musical numbers that cover a number of different styles in nearly every song, from opera, slow ballads, dream ballets and high energy showstoppers. Ultimately, this heavily works in the musical adventure’s favor. This snappy, ever shifting approach to the show gives the audience plenty of different vignettes to see these iconic characters interact in. There are plenty of laughs and a full range of antics to enjoy.

Keep ReadingShow less
Tangled: August wrap-up

The author spent a lot of time in August catching largemouth bass, primarily on subsurface flies.

Patrick L. Sullivan

I spent August at the old farmhouse on Mt. Riga. Most of the time it was just me. The cousins came and went weekends, and Mom pretty much stayed down at base.

Because I tend to drop things in the morning until I ship some coffee aboard, I took to making it the night before and putting it in one of those big Thermos jugs with a dispenser thingy. If you prime the jug ahead of time with boiling water it really works well. Coffee that goes in the jug at 9 p.m. is piping hot at 6 a.m. This is much better than stumbling around waiting for the ancient percolator to do its thing.

Keep ReadingShow less