Wednesday, October 22, 2008
So what's it like having twins in the house? (Update.)
In First Amendment law there is a problem called "the heckler's veto." It goes like this: People have a right to give speeches. Sometimes a controversial speech causes a disturbance amongst its audience -- say, the people who oppose the speaker's ideas begin throwing tomatoes at the speaker and her supporters in the crowd. The speech is legal; the disturbance caused by the speech is illegal. Assume the police cannot practically single out the criminal element in the crowd. Should the civil authorities stop the speech in order to quell the disturbance? Failing to do so will cause criminal conduct to continue, and someone could get hurt. But doing so allows a small group of opponents of the speech -- even a single threatening individual -- to game the system by inducing the authorities to stop the speech, which they otherwise could not do in the absence of the threat of impending violence. Hence, the heckler has, by being a hooligan, tricked the authorities into censoring the speech. The heckler, though in the minority, has exercised a "veto" over the speech.
This is a lot like having two babies and two boys in a household. Even if everyone is being cooperative, all it takes is one uncooperative person, acting unilaterally, to exercise veto power over what the group wanted to do. Like eat dinner. Or be on time. Or sleep.
Although maybe you would be surprised at the frequency at which the heckler, acting unilaterally, is quickly joined by a co-conspirator.
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