Hm. What appears to have happened, in the case of Hamlin v. Weiner (or is it Weiner v. Hamlin? Who's the plaintiff?), is that both are reacting as much to the person as they are to the statements. This hasn't been helped by the insistence by Mr. Schluessel that Mr. Weiner is baiting. However, I see a common mistake being made by all three of them, one which I have been on both sides of more times than I can remember: Reading more than is there. It is usually good advice, when examining the statements of anyone historically, to understand his worldview and context. Doing otherwise is the reason we get people asking for Huck Finn to be yanked off of shelves on the claim (which seems patently false to me from my memories of it) that it is a racist book. However, it is also important to think of your audience when saying things in the modern day; this is why I'd be willing to bet you won't see Birth of a Nation showing up in a film study class at Howard, for example. Now, with this in mind, I'll attempt to explain how I saw the statements of the parties in Hamlin v. Weiner (what the heck, she made it personal first) and render my decision. I realize both plaintiff and defendant would be loathe to having me be the judge. (Insert lawyer joke here.) First, the setup line: "If one more person tries to use the death of thousands of people to promote their religious agenda, I will get sick on that person instead of in my own home." I don't blame Mr. Weiner for making that statement. I may think that personally the best thing to do *for myself* would be if I worked harder to make the world a better place, but the fact that this would require sticking to prescribed religious beliefs is coincidence, not cause. Furthermore, we've all been in a situation where we've thought "they" were using an unrelated event for a political gain; whereas people such as Rev. Jesse Jackson have become notorious for that, it is also true that every human can be part of that "they". Complaining about "their" playing politics is more than just a natural reaction nowadays; it's a cherished American way of life. And now, the opening salvo: "Matt, we know you're not religious. You can stop shoving it down our throats any time now, ok? Some of us are religious, and we're sick of you acting like you're intellectually superior because of that." This strikes me as an infraction of rhetoric. Within the context of the statements, it is a non-sequitur. How claiming that Mr. Weiner has turned his complaint about politicizing a national tragedy into a display of intellectual superiority is a leap of logic I cannot follow. Granted, I know Mr. Weiner's feelings to religion; so does Ms. Hamlin. However, they were never stated up to this point. Mr. Murphy says as much in his reply (Amicus Curiae #1): "Frankly, that reply to Matt (and whether or not he feels intellectually superior to anyone is someone else's call, not mine) ticked me off, mainly because it was obvious that what Matt was saying was directed at those people who ARE using this situation -- taking advantage of it -- to push forward their own closed-mindedness. Those people, we can do without, even though I believe their ideas are protected by the Constitution, and I will fight for their right to spew such rubbish. That can hardly be said for them about us." And if this were all, defendant would be vindicated. But it isn't. (To Be Continued)
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