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.