The United States, as currently constituted, is a utilitarian nation. We embrace the inherent virtue of certain “natural” rights, and tolerate the frequent harm that some citizens commit while exercising the rights that all of us cherish. I think that is the correct philosophy, but it requires us to grit our teeth and re-read the Bill of Rights when the formula produces a nauseating result that is nonetheless right in our democratic culture. It was right to let the Nazis march in Skokie. It was right to let the Klan hold their non-violent, white supremacy demonstrations. And it was right for the court to make Albert Snyder pay the court costs when he lost his lawsuit against a hate group that disrupted his son’s funeral. No, it wasn’t fair, or kind, or empathetic. It was only right. Continue reading →