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Analyzing Primary Sources

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"Joke Law Is Nothing to Laugh At"

Harvard Law School professor Alan Dershowitz has for years been an outspoken commentator on the law. In this article, Dershcwitz writes about freedom of speech and government censorship.

Harvard Law School, where I teach, a wellshould the governmental gag be placed over the mouth intentioned student, writing in the school newsof the joke teller? Which evil is worse: censorship or incivility?And what about spontaneity? Don't we give paper, has urged all members of the university community "to make a personal decision neither to tell up too much when we demand that everyone carefully consider whether his or her words will break the lawnor listen to racist or sexist jokes." The city of Long Branch, New Jersey, doesn't just urge this as a personal even among friends-before he blurts out a funny decision; it has actually prohibited municipal employees remark that might offend someone? These are the kind from telling "jokes or stories based on ethnic or racial of questions we must ask before we too easily suctypes or sex." ... cumb to the temptation of submitting to any ;;agime of The student's argument about the evils of such jokes '" cepsorship .... deserves to be heard. He believes that "racist and sexist Self-imposed censorship has the virtue, at least, of jokes contribute to prejudice and stereotypes and the being self-regulating. Thus, uniform stanclards of offenoverall c!eJ;wII1&Piz2.~n of [G10SeJ joked about ... and :.... siveness need not be articulated and enforced, the way reflect a callous indifference that tacitly invites the more ::J they must be if the government becomes involved, as it overt actions of others." ~ has in Long Branch. Imagine the inevitable disputes that will arise if the joke police begin enforcing the ban I have little doubt that some of these observations are somewhat true for some people. They are probably against jokes "based on ethnic or racial types or sex." also applicable, more or less: to a wide range of public .lokejudges (orjoke j;Jrie.s) will have to sit in .iJJdgment \ and private expression, including such popular media to determine whether to sentence the offending..,Loker to \ ..... .,./' as television, magazines, songs, films, and advertising. ..w.il or to some other appropriate punishment. ... We are, after all, ",'hat we read, learn, see, and otherAs soon as the Long Branch edict goes into effect, a wise experience. \X'hat makes jokes any different? ... new genre of jokes wil. surely emerge-one always Jokes, by their very nature, are necessarily provocadoes "Did you hear the one about the nondescript tive, upsetting, and stereotypical-at least to some. person ?" Every listener will fill in his or her own Humor, like offensiveness, is in the eye, ear, and psyche blanks I guess that w.ll be progress. [mind and emotions] of the beholder. Ethnic humor, As with all speech, the best answers to bad jokes are especially, is often a double-edged sword. For example, good jokes,not no jokes. Let those who would ban sexthe best collection of Jewish jokes-originated mostly ist and racist jokes spend their energies coming up with by the subjects themselves-contain negative stereobetter and funnier anti-sexist and anti-racist jokes. Jokes types that may offend at the same time that they convey are a laughing matter, anc there should be only one cria poignantly positive message. Some other jokes have terion for judging them: waether or not they are funny. no such redeeming value. From Alan M. Dershowitz, __ : ke Law Is Nothing to Laugh At, Taking Liberties:A Decade of E.ird Cases, Bad Laws, and Bum Raps Who should be the arbiter' At what point on the (Chicago: Contemporary Books Lic., 1988). 1988 Alan Dershowitz, continuum from good-humored to grossly offensive Reprinted by permission of ljE Inc. should self-censorship be imposed? When, if ever,

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1. What are the reasons why the Harvard student is opposed to racist and sexist jokes? ~"What does Dershowitz mean when he says that "we are what we read, learn, otherwise experience"?

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3. What virtue does Dershowitz believe that self-imposed censorship has over government censorship? \i?hyi
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4. Evaluation. Do you think that the Long Branch law is a good law? Do you think tha: it is constitutional? Give reasons to support your answers.

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Readings

Chapter 6

; .~ddison- Wesley Publthing

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