A Philosopher's Blog

Corporations Are being Denied Freedom of Expression and Religion!

Posted in Ethics, Law, Metaphysics, Philosophy by Michael LaBossiere on April 13, 2015
English: Freedom of Expression trademark certi...

English: Freedom of Expression trademark certificate (Photo credit: Wikipedia)

In the United States, corporations are considered persons. In recent years the judiciary has accepted that this entitles corporations to rights, such as freedom of speech (which was used to justify corporate spending in politics) and freedom of religion (which was used to allow companies to refuse to provide insurance coverage for birth control).

Despite having freedom of speech and religion because they are people, corporations can, unlike other people, be legally owned. Common stock is bought and sold as a matter of routine business and provides an ownership share in a corporation. Since corporations are people, this means that people are being allowed to legally own other people. Owning another person is, of course, slavery. While slavery was legal at one time in the United States, the 13th amendment is rather clear on this matter: “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.”

If corporations are entitled to 1st amendment rights because they are people, it follows that they must also be entitled to 13th amendment rights. That is, corporations have a right not to be owned by other people. The obvious reply is that this is absurd. My response is that this is exactly my point: the 13th Amendment provides the path to the obvious reductio ad absurdum (“reducing to absurdity) to the claim that corporations are people. If they are people and thus get rights, then they cannot be owned. If they can be owned, they are not people and hence do not get the rights of people.

But, let it be supposed that companies are people and hence get the right to freedom of expression and freedom of religion.  Yet somehow don’t get the freedom not to be enslaved. It will be interesting to see where these claims actually lead.

Freedom of expression is usually presented in terms of a person’s right to engage in expression, perhaps by secretly donating fat stacks of cash to shadow political organizations. However, freedom of expression can also be regarded as a freedom from being compelled to engage in certain expressions. For example, the State of Texas has argued against allowing the Confederate battle flag on Texas license plates on this ground. This seems quite reasonable: the freedom to express myself would certainly seem to include the freedom to not express what I do not wish to express.

Freedom of religion is also usually presented in terms of protection from being limited or restricted in the practicing of one’s faith. However, like freedom of expression, it can also be taken to include the right not to be compelled to engage in religious activities against one’s will. So, for example, people have argued that compelling a wedding cake baker to not discriminate against same-sex couples would be to compel her to engage in an activity that goes against her faith. While I disagree with the claim that forbidding discrimination violates religious freedom, I do agree that compelling a person to act against her faith can be an unjust violation of religious freedom.

Corporations, at least according to the law, have freedom of expression and freedom of religion. As such, they have the general right not to be compelled to express views they do not hold and the right not to be compelled to engage in practices against their religious beliefs. Given that a corporation is a person, there is the question of what a corporation would want to express and the question of its faith.

It might be claimed that since a corporation seems to be just a legal fiction operated by actual people, then the beliefs and expressive desires of the corporation are those of the people who are in charge. On this view, a corporation is a legal Mechanical Turk, a pantomime person, the face of the Wizard of Oz (“Pay no attention to that man behind the curtain”). While run by an actual person or people, it is a fictional shell that is not a person.

The advantage of this approach is the corporation’s faith is the faith of the actual people and what it desires to express is what they desire to express. The obvious problem is that this view makes it clear that the corporation is not a person, so it would not get a set of rights of its own, above and beyond the rights already held by the actual people who control the legal pantomime person. So, claims about violations of freedoms would have to be about violations against actual, specific people and not against the legal version of a Mechanical Turk (or Legal Turk, if one prefers).

If someone insists that the corporation is a person in its own right, then this entails it is a distinct entity apart from the folks that would seem to be operating a non-person pantomime person. On this view, the views of the corporation cannot automatically be those of the people who would seem to be operating the pantomime person. After all, if it is just them, it is not a person. To be a person, it needs to have its own personhood. If it has freedom of expression, it must have its own desires of what to express. If it has freedom of religion, it must have its own faith.

Sadly, corporations are not free to express their own views or their own faith. They are owned and compelled to speak and engage in matters of faith. While there is a chance that the corporate person’s views and faith match those of the human persons infesting its legal body, this need not be the case. After all, a slave that is forced by her owner to say things and go to church might believe what she says or have the faith she is compelled to practice…but she might not. Unless she is set free from her owners and allowed her own beliefs and faith, she cannot be said to have freedom of expression or faith.

While Tim Cook has spoken in favor of same-sex marriage, Apple might be a devoutly Christian corporation that cries (metaphorical) tears each time it is forced to mouth (metaphorically) Tim Cook’s words. The corporation Hobby Lobby might be a bisexual atheist corporation. As it is beaten to its (metaphorical) knees to cry out prayers to a God it does not believe in, it might be eager to engage in hot mergers with other companies, regardless of their gender. Until these corporations are freed from the tyranny of ownership, they can never truly exercise their freedom as people.

The obvious response to this absurd silliness is that it is, well, clearly absurd and silly. However, that is exactly my point. If a corporation is a person that is distinct from the actual people operating the pantomime legal person, then it is being denied its freedom of expression and religion because it is forced to say and do what others want it to say and do.  This is, as I am sure most will agree, pure absurdity. If a corporation is really just a legal pantomime and the corporate beliefs and ideas are really just those of the folks operating the legal pantomime, then it is not a person and does not have the rights of a person. The real people do, of course, have all the rights they have always possessed.

This is not to say that there should not be collective rights and laws for organizations. But this is very different from regarding a corporation as a person with a faith and beliefs it wishes to express. That is, obviously enough, a pile of pantomime bull.

 

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What is the Worst Thing You Should (Be Allowed to) Say?

Posted in Ethics, Law, Philosophy, Politics by Michael LaBossiere on January 26, 2015
Members of Westboro Baptist Church have been s...

Members of Westboro Baptist Church have been specifically banned from entering Canada for hate speech. Church members enter Canada, aiming to picket bus victim’s funeral (Photo credit: Wikipedia)

The murders at Charlie Hedbo and their aftermath raised the issue of freedom of expression in a dramatic and terrible manner. In response to these deaths, there was an outpouring of support for this basic freedom and, somewhat ironically, a crackdown on some people expressing their views.

This situation raises two rather important issues. The first is the matter of determining the worst thing that a person should express. The second is the matter of determining the worst thing that a person should be allowed to express. While these might seem to be the same issue, they are not. The reason for this is that there is a distinction between what a person should do and what is morally permissible to prevent a person from doing. The main focus will be on using the coercive power of the state in this role.

As an illustration of the distinction, consider the example of a person lying to his girlfriend about running strikes all day in the video game Destiny when he was supposed to be doing yard work. It seems reasonable to think that he should not lie to her (although exceptions are easy to imagine). However, it also seems reasonable to think that the police should not be sent to coerce him into telling her the truth. So, he should not lie to her about playing the game but he should be allowed to do so by the state (that is, it should not use its police powers to stop him).

This view can be disputed and there are those who argue in favor of complete freedom from the state (anarchists) and those who argue that the state should control every aspect of life (totalitarians). However, the idea that that there are some matters that are not the business of the state seems to be an intuitively plausible position—at least in democratic states such as the United States. What follows will rest on this assumption and the challenge will be to sort out these two issues.

One rather plausible and appealing approach is to take a utilitarian stance on the matter and accept the principle of harm as the foundation for determining the worst thing that a person should express and also the worst thing that a person should be allowed to express. The basic idea behind this is that the right of free expression is bounded by the stock liberal right of others not to be harmed in their life, liberty and property without due justification.

In the case of the worst thing that a person should express, I am speaking in the context of morality. There are, of course, non-moral meanings of “should.” To use the most obvious example, there is the “pragmatic should”: what a person should or should not do in regards to advancing his practical self-interest. For example, a person should not tell her boss what she really thinks of him if doing so would cost her the job she desperately needs. To use another example, there is also the “should of etiquette”: what a person should do or not do in order to follow the social norms. For example, a person should not go without pants at a formal wedding, even to express his opposition to the tyranny of pants.

Returning to the matter of morality, it seems reasonable to go with the stock approach of weighing the harm the expression generates against the right of free expression (assuming there is such a right). Obviously enough, there is not an exact formula for calculating the worst thing a person should express and this will vary according to the circumstances. For example, the worst thing one should express to a young child would presumably be different from the worst thing one should express to adult. In terms of the harms, these would include the obvious things such as offending the person, scaring her, insulting her, and so on for the various harms that can be inflicted by mere expression.

While I do not believe that people have a right not to be offended, people do seem to have a right not to be unjustly harmed by other people expressing themselves. To use an obvious example, men should not catcall women who do not want to be subject to this verbal harassment. This sort of behavior certainly offends, upsets and even scares many women and the men’s right to free expression does not give them a moral pass that exempts them from what they should or should not do.

To use another example, people should not intentionally and willfully insult another person’s deeply held beliefs simply for the sake of insulting or provoking the person. While the person does have the right to mock the belief of another, his right of expression is not a moral free pass to be abusive.

As a final example, people should not engage in trolling. While a person does have the right to express his views so as to troll others, this is clearly wrong. Trolling is, by definition, done with malice and contributes nothing of value to the conversation. As such, it should not be done.

It is rather important to note that while I have claimed that people should not unjustly harm others by expressing themselves, I have not made any claims about whether or not people should or should not be allowed to express themselves in these ways. It is to this that I now turn.

If the principle of harm is a reasonable principle (which can be debated), then a plausible approach would be to use it to sketch out some boundaries. The first rough boundary was just discussed: this is the boundary between what people should express and what people should (morally) not. The second rough boundary begins at the point where other people should be allowed to prevent a person from expressing himself and ends just before the point at which the state has the moral right to use its coercive power to prevent expression.

This area is the domain of interactions between people that does not fall under the authority of the state, yet still permits people to be prevented from expressing their views. To use an obvious example, the workplace is such a domain in which people can be justly prevented from expressing their views without the state being involved. To use a specific example, the administrators of my university have the right to prevent me from expressing certain things—even if doing so would not fall under the domain of the state. To use another example, a group of friends would have the right, among themselves, to ban someone from their group for saying racist, mean and spiteful things to one of their number. As a final example, a blog administrator would have the right to ban a troll from her site, even though the troll should not be subject to the coercive power of the state.

The third boundary is the point at which the state can justly use its coercive power to prevent a person from engaging in expression. As with the other boundaries, this would be set (roughly) by the degree of harm that the expression would cause others. There are many easy and obvious example where the state would act rightly in imposing on a person: threats of murder, damaging slander, incitements to violence against the innocent, and similar such unquestionably harmful expressions.

Matters do, of course, get complicated rather quickly. Consider, for example, a person who does not call for the murder of cartoonists who mock Muhammad but tweets his approval when they are killed. While this would certainly seem to be something a person should not do (though this could be debated), it is not clear that it crosses the boundary that would allow the state to justly prevent the person from expressing this view. If the approval does not create sufficient harm, then it would seem to not warrant coercive action against the person by the state.

As another example, consider the expression of racist views via social media. While people should not say such things (and would be justly subject to the consequences), as long as they do not engage in actual threats, then it would seem that the state does not have the right to silence the person. This is because the expression of racist views (without threats) would not seem to generate enough harm to warrant state coercion. Naturally, it could justify action on the part of the person’s employer, friends and associates: he might be fired and shunned.

As a third example, consider a person who mocks the dominant or even official religion of the state. While the rulers of such states usually think they have the right to silence such an infidel, it is not clear that this would create enough unjust harm to warrant silencing the person. Being an American, I think that it would not—but I believe in both freedom of religion and the freedom to mock religion.  There is, of course, the matter of the concern that such mockery would provoke others to harm the mocker, thus warranting the state to stop the person—for her own protection. However, the fact that people will act wrongly in response to expressions would not seem to warrant coercing the person into silence.

In general, I favor erring on the side of freedom: unless the state can show that silencing expression is needed to prevent a real and unjust harm, the state does not have the moral right to silence expression.

I have merely sketched out a general outline of this matter and have presented three rough boundaries in regards to what people should say and what they should be allowed to say. Much more work would be needed to develop a full and proper account.

 

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Group Responsibility

Posted in Ethics, Philosophy, Politics, Religion by Michael LaBossiere on January 16, 2015

After the murders in France, people were once again discussing the matter of group responsibility. In the case of these murders, some contend that all Muslims are responsible for the actions of the few who committed murder. In most cases people do not claim that all Muslims support the killings, but there is a tendency to still put a special burden of responsibility upon Muslims as a group.

Some people do take the killings and other terrible events as evidence that Islam itself is radical and violent. This sort of “reasoning” is, obviously enough, the same sort used when certain critics of the Tea Party drew the conclusion that the movement was racist because some individuals in the Tea Party engaged in racist behavior. It is also the same “reasoning” used to condemn all Christians or Republicans based on the actions of a very few.

To infer that an entire group has a certain characteristic (such as being violent or prone to terrorism) based on the actions of a few would generally involve committing the fallacy of hasty generalization. It can also be seen as the fallacy of suppressed evidence in that evidence contrary to the claim is simply ignored. For example, to condemn Islam as violent based on the actions of terrorists would be to ignore the fact that the vast majority of Muslims are as peaceful as people of other faiths, such as Christians and Jews.

It might be objected that a group can be held accountable for the misdeeds of its members even when those misdeeds are committed by a few and even when these misdeeds are supposed to not be in accord with the real beliefs of the group. For example, if I were to engage in sexual harassment while on the job, Florida A&M University can be held accountable for my actions. Thus, it could be argued, all Muslims are accountable for the killings in France and these killings provide just more evidence that Islam itself is a violent and murderous religion.

In reply, Islam (like Christianity) is not a monolithic faith with a single hierarchy over all Muslims. After all, there are various sects of Islam and a multitude of diverse Muslim hierarchies. For example, the Moslems of Saudi Arabia do not fall under the hierarchy of the Moslems of Iran.

As such, treating all of Islam as an organization with a chain of command and a chain of responsibility that extends throughout the entire faith would be rather problematic. To use an analogy, sports fans sometimes go on violent rampages after events. While the actions of the violent fans should be condemned, the peaceful fans are not accountable for those actions. After all, while the fans are connected by their being fans of a specific team this is not enough to form a basis for accountability. So, if some fans of a team set fire to cars, this does not make all the fans of that team responsible. Also, if people unassociated with the fans decide to jump into action and destroy things, it would be even more absurd to claim that the peaceful fans are accountable for their actions. As such, to condemn all of Islam based on what happened in France would be both unfair and unreasonable. As such, the people who murdered in France are accountable but Islam cannot have these incidents laid at its collective doorstep.

This, of course, raises the question of the extent to which even an organized group is accountable for its members. One intuitive guide is that the accountability of the group is proportional to the authority the group has over the individuals. For example, while I am a philosopher and belong to the American Philosophical Association, other philosophers have no authority over me. As such, they have no accountability for my actions. In contrast, my university has considerable authority over my work life as a professional philosopher and hence can be held accountable should I, for example, sexually harass a student or co-worker.

The same principle should be applied to Islam (and any faith). Being a Moslem is analogous to being a philosopher in that there is a recognizable group. As with being a philosopher, merely being a Moslem does not make a person accountable for all other Moslems.

But, just as I belong to an organization with a hierarchy, a Moslem can belong to an analogous organization, such as a mosque or ISIS. To the degree that the group has authority over the individual, the group is accountable. So, if the killers in France were acting as members of ISIS or Al-Qaeda, then the group would be accountable. However, while groups like ISIS and Al-Qaeda might delude themselves into thinking they have legitimate authority over all Moslems, they obviously do not. After all, they are opposed by most Moslems.

So, with a religion as vast and varied as Islam, it cannot be reasonably be claimed that there is a central earthly authority over its members and this would serve to limit the collective responsibility of the faith. Naturally, the same would apply to other groups with a similar lack of overall authority, such as Christians, conservatives, liberals, Buddhists, Jews, philosophers, runners, and satirists.

 

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