Rights and Liberty

1. Rights and Liberty

2. Rights and Liberty Constitutional Rights First Amendment Second Amendment Third Amendment Fourth Amendment Fifth Amendment Sixth Amendment etc.

3. Rights and Liberty • When, if ever, is it permissible for the state to restrict an individual’s liberty?

4. Rights and Liberty • Which of the following items should be left to the judgment of the individual or subject to control of the chain of command in the military? Why? • Use of automobiles • liberty • use of alcohol • tobacco • addictive drugs • fraternizing • wearing of civilian attire

5. Rights and Liberty Mill seems to think that there are two discrete domains of life: The public, and the private. The public domain encompasses those actions which are other-regarding (that is, have consequences for, and bring benefits or harm to, others). The private domain, by contrast, encompasses the realm of self-regarding actions which have consequences for no one else than the person who performs them. Can this distinction be so easily maintained?

6. Rights and Liberty John Stuart Mills (1806-1873) Harm Principle “...the only legitimate reason for infringing a person’s Liberty is if he is causing harm to others.”

7. Rights and Liberty • Mill employs two strategies for defending liberty of expression Consequentialist and Human flourishing

8. Rights and Liberty(Consequentialist) We value truth; we’d rather have true beliefs than false ones We know that we are fallible and that we are inclined not to subject many of our beliefs and opinions to critical scrutiny The best way of discovering the truth and of increasing our confidence in our current beliefs and opinions is to consider as many different points of view as possible and to see how well our own views do in the ‘marketplace of ideas’ Hence, we should have maximum liberty of expression

9. Rights and Liberty(Human flourishing) In Utilitarianism, Mill says that human beings have unique capacities and that human happiness or flourish depends upon us exercising those capacities The capacities are of two types: (a) cognitive -e.g., thought, deliberation, weighting up pros and cons of courses of action; and (b) affective -e.g., aesthetic appreciation, friendship, long lasting relationships Maximum liberty of expression is a necessary condition for exercising these capacities

10. Rights and Liberty • “Harm Principle” “The only purpose for which power can be rightly exercised over any member of a civilized community against his will, is to prevent harm to others. His own good, either physical or moral, is not sufficient warrant.”

11. Rights and Liberty Three things to note about the Harm Principle as applied to freedom of expression it is a consequentialist principle - effectively saying that if the consequences of a certain type of speech are bad enough, then the state may restrict that type of speech when we think about whether some speech can be restricted, we must weigh the value to be protected against the alleged harm so, since the value to be protected is so great, only the most serious harm will be enough to tip the scales in favor of restriction, and that harm must be demonstrable (that is, be a proven effect of the speech in question.)

12. Rights and Liberty • How has Mill’s defense of the First Amendment (free speech) and his Harm Principle influenced U.S. jurisprudence about free speech?

13. Rights and Liberty Expression of obviously hurtful or offensive expressions…would the state be justified in restricting speeches regarding “Violent Pornography” or a “Hate Speech”

14. Rights and Liberty Legislators make the citizens good by forming habits in them and this is the wish of every legislator…[for] it is difficult to get from childhood onward a right training for virtue if one has not been brought up under right laws; for to live temperately and hardly is not pleasant to most people, especially when they are young. For this reason their nurture and occupations should be fixed by law, for they will not be painful when they have become customary… Aristotle, Nichomachean Ethics, II:1, X:9

15. Rights and Liberty Case Study “TAILHOOK”

16. Rights and Liberty • Officer Attitudes and Leadership Issues • The Failure of Leadership • Field Grade Officers • The Flag Officers

17. Rights and Liberty • Officer Attitudes and Leadership Issues Senior officers were aware of misconduct and ignored it “unwritten rules” Accepted/expected behavior Anything goes attitude Pilot misconceptions “live and die attitude” “live a Spartan existence” Innocent officers reputations were tarnished

18. Rights and Liberty • The Failure of Leadership “Hierarchical accountability” “long term failure of leadership in aviation” “behavior accepted by seniors” “well know reputation” “situational seriousness” “lack of respect for women” “relax atmosphere” “junior officer resentment toward seniors”

19. Rights and Liberty • Field Grade Officers all attended prior Tailhook’s some enforce proper conduct rules some chose to ignore conduct rules blamed juniors for violating their orders no Field Grade action taken toward junior officer misconduct

20. Rights and Liberty • The Flag Officers none reporting seeing any sexual misconduct flags were caught in lies during their testimony flag comments: “it appeared to be in fun, rather than molestation” flags expressed no knowledge of misconduct at past Tailhook’s

21. Rights and Liberty “Witch Hunt in the Navy” by James Webb

22. Rights and Liberty Questions?

23. JusticeReading assignment for next class: Ethics for Military Leaders Topic #8: Justice pages 207-231 Ethics and Moral Reasoning for Naval Leaders Lessons 23 and 24 pages 23/24-1 to 23/24-21 Fundamentals of Naval Leadership Lesson 13/Chapter VI pages 13-65 to 13-68