Monday, September 17, 2012

In Praise of the Constitution, YouTube, and 36 U.S.C. § 108


The tumult of the last week, starting as it did on September 11, makes commenting about Constitution Week, 36 U.S.C. § 108, that much more significant. Normally, I’m more cynical about observances such as Law Day, 36 U.S.C. § 113. But the reaction of so many people in this country in the past week—that a film maker should not have made a certain offensive film and that our secretary of State felt compelled to call the film reprehensible while noting that the United States embraces religious freedom (and keeping silent about the fact that we also embrace freedom of speech)—makes—for me—a brief pause to praise our Constitution that much more important.

I’m appalled that the White House asked YouTube and Google, its parent, to reconsider the online presence of the film. Corporations apparently are more familiar with the First Amendment than our government is. How ironic that the freedom of religion and the freedom of speech are contained in the very same sentence: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” U.S. Const. amend. I. More power to corporate America for standing up to White House pressure.

How does any of this relate to law office management? Law Day (May 1) and Constitution Week (September 17 through September 23) can be good moments just to say hello to clients, to host get-togethers, to post reminders about our fought-for rights. They might even be a good moment to volunteer to defend them.

—Lori Tripoli

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