18 Comments
User's avatar
Jen Downey's avatar

The title of the NYT opinion piece should have simply been: "No One Should Have to Go to Jail for a Meme". Inserting the adjective "Harmless" implies that there exists some other kind of meme category called "Harmful" for which one should go to jail for posting. This implication constitutes a total undermining of the all-important distinction between "an expression of thought" versus "an action".

Expand full comment
Greg Lukianoff's avatar

My proposed title was the even simpler “Five Weeks in Jail for a Meme”

Expand full comment
Jen Downey's avatar

In some not insignificant percentage of cases, editors seem to have a knack for distorting the key insight/point being made by the article’s author by providing just the wrong headline.

Expand full comment
Perry Fein's avatar

It’s true that authors, esp of guest op-eds, rarely choose their headline, but if I had to guess why the editors wanted “harmless” in there it was probably to make very clear that the meme didn’t even come close to meeting the legal threshold of any of the exceptions to the First Amendment.

Expand full comment
Briggsy's avatar

You should've seen some of the arguments we had in our offices back in the day! I once had a colleague standing up and screaming in a sub-editor's face for about five minutes. To be fair, the guy had completely changed the central argument of her article.

Expand full comment
Randy Wayne's avatar

Dear Greg,

I am glad that you are defending Larry Bushart's right to speak.

thanks,

randy

Expand full comment
Handle's avatar

Best of luck with this case, and keep up the good work.

Expand full comment
JohnH's avatar

Good work, Greg. This case absolutely cries out for legal redress, and I’m glad that you’re on it!

Expand full comment
Brett Richards's avatar

I would argue the sheriffs department in question here likely committed a federal felony by conspiring to deny the man his civil rights. Arrests are in order, but of course won’t happen.

Expand full comment
HWSr.'s avatar

That’s just Dumpster Fire’s Michigan Weather Report.

Expand full comment
Brendan B's avatar

Once again, Bravo, Greg! Important to remember: “None of this diminishes the horror of Mr. Kirk’s killing.” Because many people can’t understand that our defense of free speech is independent of the content, just like the 1st Amendment itself. Whether or not we like what he said is immaterial.

Expand full comment
Killahkel's avatar

This is truly chilling. His comment was, by internet standards, incredibly measured. Thanks for all you do for Bushart and people like him.

Expand full comment
Stephan Ahonen's avatar

Firings over celebrations of Charlie Kirk's killing really are different though and I really can't bring myself to condemn them. If I discovered that my coworker thought it was laudable or even acceptable to climb onto a rooftop and shoot somebody for their political beliefs, it would simply not be possible for me to go to work every day alongside that person. It's very very difficult for me to see how first amendment principles, which advocate solving our disagreements through discussion, support forcing me to work alongside somebody who advocates killing me over our disagreements.

Expand full comment
Joseph's avatar

Did you actually read Bushart’s comment you brain-damaged moron?

Expand full comment
RenOS's avatar

100% this. A person gets murdered for his speech, and we protect free speech by ... Supporting the people who celebrate that murder and call for more people to be murdered?

Just to be clear, the officer in this article imo does clearly not belong into this category, and neither did Kimmel; Both primarily made fun of what they perceived as insensitive double standards, and did not condone the murder itself.

Expand full comment
Brendan B's avatar

Always proud to support the important work of FIRE.

Expand full comment
Grow Some Labia's avatar

My mother country shames me.

Expand full comment
Paul McGuane's avatar

I agree completely Mr. Ahonen. I restacked the relevant portion of Mr. Lukianoff’s piece with a comment similar to your own.

https://substack.com/profile/4569276-paul-mcguane/note/c-181767012?r=2pxoc&utm_medium=ios&utm_source=notes-share-action

Expand full comment