There are two hot issues in the news right now: the stay on Proposition 8, and the building of a mosque about two blocks away from Ground Zero. In both cases, there have been considerable levels of public outcry (both for and against), and more than one person has emerged in support of one issue while opposing the other. Generally, it’s support of the stay and opposition of the mosque, though I’ve seen a couple of variations here and there.

It’s an interesting juxtaposition because, while neither side seems to be explicitly bringing this up, there are free speech issues involved.

Should a group of Muslims have the right to build a center to promote their beliefs? Or should the owners respect the emotional impact of Ground Zero? Should gay couples have the right to demand use of the word “marriage?” Or should they respect the deeply held beliefs of many secular and religious groups, and limit their formal relationships to exercises in contract law?

There are very few limits on free speech in the United States, but they do exist¹ and, in general, are situations where restrictions have been found necessary for the public good. The question, then, is what constitutes the public good.

Is it protection of the public good to prevent a minority of citizens from expressing their religious beliefs? Is it protection of the public good to protect a minority of citizens who hold a belief that homosexual relations are acceptable?² The entire idea behind freedom of speech is protection of a minority, but where does minority protection cross the line into a danger against the public?

I don’t believe that two persons of the same sex can marry before God³, and my opinion is that the mosque near Ground Zero is, at minimum, tasteless⁴. But when I consider both of these issues in the light of freedom of speech, I’m reminded that the minority opinion doesn’t threaten the public good in either case. That line hasn’t been crossed.

Since I support freedom of speech, it would be hypocritical for me to oppose either action. It doesn’t matter whether or not I agree; what matters is protection of the civil liberties that Americans value.

1. There’s a dense but readable PDF document that nicely outlines First Amendment restrictions at http://www.fas.org/sgp/crs/misc/95-815.pdf.
2. Proposition 8 wouldn’t have passed if gay marriage supporters were a majority.
3. Call me homophobic if you must, but I don’t have a problem with secular civil unions. It’s the word “marriage” that makes me drag my feet.
4. I have no problems with Islam or the mosque, either; but I also wouldn’t think it smart for the NAACP to build a center next to an Aryan Nation stronghold.