Thursday, April 26, 2012

Freedom of Speech does not protect statement's reprucussions



I normally do like using this blog for such matters but in light of Nebraska assistant football coach Ron Brown’s recent actions it bears discussing in this domain.


When attending an Omaha City Council hearing last month, Brown testified against an anti-discrimination ordinance that extended protections to gay and transgender people.


In Brown’s three-minute appearance, he challenged ordinance sponsor Ben Gray and other members to remember that the Bible does not condone homosexuality. He told council members they would be held to “great accountability for the decision you are making.”


“The question I have for you all is, like Pontius Pilate, what are you going to do with Jesus?” Brown asked. “Ultimately, if you don’t have a relationship with him, and you don’t really have a Bible-believing mentality, really, anything goes. … At the end of the day it matters what God thinks most.”


Barbara Baier, a member of the Lincoln Board of Education, wrote to university administrators calling for Brown’s ouster in the wake of his testimony. She noted the university-wide policy not to discriminate based on, among other things, sexual orientation.


Brown — in a decision he said he now regrets — gave Memorial Stadium in Lincoln as his address of record. Baier said some people could have inferred he was representing the university, not just himself, when he appeared before the council. She said Brown’s continued employment creates an atmosphere hostile to gay student-athletes.


Chancellor Harvey Perlman admonished Brown for giving the stadium address but said Brown’s personal views do not reflect those of the university. Brown added that he would continue to express his beliefs regardless of whether or not it costs him his job.


It was six months ago that Brown earned national acclaim for leading a prayer for healing at midfield before the Cornhuskers’ game at scandal-torn Penn State.


By definition, the First Amendment of the United States Constitution protects the right of freedom of speech. I completely understand that Brown is allowed to express whatever belief he wants regardless of how uninformed he may appear to be. However, freedom of speech can be a slippery slope.


If you want to pound your chest about freedom of speech, fine, but utter your words at your own risk because the constitution does not protect you from the ramifications you face as a result of what you say. Just for the sake of discussion, there is nothing preventing me or anyone from walking into an openly gay bar and screaming at the top of my lungs, “all faggots should die,” but if one of the gay patrons decides to punch me in the face, the constitution will not, and should not, protect me.

In my opinion, Brown’s behavior is not acceptable. While he is entitled to his beliefs, using his high-profile position as a football coach to further his causes/beliefs/thoughts is not right. He can’t deny that he uses his position in society as a way to speak out for what he believes, and if he denies that, it’s on him. He is preaching from a Bible that says homosexuality is wrong (which is totally up to the interpretation of the reader). Society is changing and allowing for homosexuals to be included albeit at a slow pace, but change takes time.

I feel after Perlman remanded him once a few weeks ago, Brown would get the hint to tone down his rhetoric or just say “no comment” and focus on football, he would do that. Sadly, Brown hasn’t done this. Nebraska athletic director Tom Osborne is a man of a Christian background-which is fine with me, but he knew how and when was the appropriate place to talk about his beliefs and not be so overt about it, even if he might be right or wrong on his stances.


Brown’s job at Nebraska is not just another job. He has a powerful personality, presence and gift, and he’s choosing to use it in a controversial, very public way that leaves most, if not all, within a certain group (homosexuals) feel isolated, wrong and shamed.

He may believe what they’re doing is sinful, but he should know that many disagree with him. Their proof against his position is deep and credible. It’s a significant argument in our society that can become all-consuming for those who immerse themselves in it. If he wants to be a preacher spreading his message and beliefs, fine. Have at it. If he wants to be a football coach in a high profile position at the University of Nebraska, he should pipe down and be much more discreet.


Granted, Brown’s thoughts have no influence on me but I’m going to guess the number of times Brown talked about his views on homosexuality in a recruit’s living room is probably zero. Now, every living room Brown goes into, it’ll be a topic. It’ll also be a topic for every other coach. I’m sure Brown can be sent to recruits that have similar religious backgrounds as he does, but it’s a big country, and his views aren’t going to be a shared by some. Brown won’t be fired for his views, but if his views make it harder for the program to succeed, that’s another story.


It’s a horrible mistake to force your religion on others because you think your religion is better. Of course the university will not overtly fire Brown based on his beliefs but if this becomes too big a distraction it’s not hard to see why the University would set him loose based on his “performance” or some other job-related criteria that would be perfectly within its rights.

Brown needs to know that his position of authority is a unique one and comes with certain responsibilities. And it doesn’t have to be a gay/straight issue. Imagine if Brown was an avid Nazi sympathizer? Protected under the First Amendment doesn’t mean carte blanche for someone in his unique position.

True, he can’t be legally fired for voicing his opinion as a private citizen, but due to the platform his position affords him also must come some discretion on his part about how he uses that and he must be ready to deal with any and all repercussions as a result.

2 comments:

  1. Vince, I will not debate your position as to the wisdom of Ron Brown's speech. I have concerns as well. However, calling a person of faith "uninformed" because you believe the Bible can have multiple interpretations is "uninformed" in itself. Every person who takes their faith seriously examines the texts that inform their faith to find application in the world they live in. Their belief is not "uninformed", it is informed by their own time and study. Whether I agree with their conclusions is not the point, a pluralistic society must acknowledge that speaking a disagreement is not automatically hate speech because it runs counter to society's conclusions. In my mind, having a public position in society increases our responsibility to speak our conscience. However, we need to take personal responsibility for our actions, which Ron Brown appears to be ready to do. In the end, the only "error" I can see is failing to clarify his position as a private citizen in this matter. From Ron's public comments, he agrees with that conclusion.

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  2. Brian, I agree that what Coach Brown says is not hate speech and I don't see his faith as uninformed. However, his views on gays is definitely uninformed.

    Yes he is entitled to his point of view. I think many have established that premise. However, when it comes to political and religious points of view, there's a fine line with being open about who you are but not being overbearing about it. Unwritten rules are just as important as written ones. For the record, I'm Catholic and Conservative Independant but that's neither here nor there.

    The bottom line is that Brown represents the University whether he is on company time or not. I'm a public figure here in the Napa Valley as a sports reporter (I do this blog recreationally), if I do something in the public eye (company time or not), you're damn right my employer will have a thing or three to say.

    Anyhow, thank you for reading my blog and responding. Take care.

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