Abe Fortas Quotes
In order for the State in the person of school officials to justify prohibition of a particular expression of opinion, it must be able to show that its action was caused by something more than a mere desire to avoid the discomfort and unpleasantness that always accompany an unpopular viewpoint.
United States, Supreme Court. Tinker v. Des Moines Independent Community School District. 24 Feb. 1969. United States Reports, vol. 393, p. 509.
Tinker referred to the Supreme Court Case of Tinker v. Des Moines where the court ruled that school children had Constitutional rights as well as adults. It was not possible to have a blocking system that would keep “improper” or “indecent” internet sites from library or school computers. Even if it could, the appropriate material for a 17 year old to see and a 5 year old were very different. The blocking software never worked well. Computer sophisticated students would pride themselves by showing how they could evade the blocking software, and at the same time teen age girls would have health sites blocked because they showed how to do breast self-examinations.
A famous Swiss Islamic scholar, Tariq Ramadan, was hired by the University of Notre Dame in the United States to be a professor. When he arrived at the airport to go to his new position, he was refused entry into the Untied States and sent back to Switzerland.
Islamic modernists like Serageldin are many among the educated Muslims but their views are often drowned out by the violence and extremist statements of the fundamentalists. This quotation is similar to statements by American Supreme Court Justices but surprises us when coming from a Muslim. But there are many who are as much committed to freedom of speech as most Americans. Even in America, some politicians have tried to make incitement a crime. John Adams’ Alien & Sedition Acts and laws of WWi are examples. However, in no Islamic nation have reformers had incitement removed as a crime as of 2011.
Abraham Fortas was an American lawyer and jurist who served as an Associate Justice of the Supreme Court of the United States from 1965 to 1969.