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User:Jaredscribe/Culture Wars

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This survey of the American culture wars, from the mid-20th century on. For the spiritual and religious undercurrents, see User:Jaredscribe/Christian revivalism.

Free Speech

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1st ammendment does not protect obscenity, fighting words, incitement to violence, libel, or slander.

1964-65 Free Speech Movement starts at UC Berkeley.

Statues Will Fall

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List of Confederate monuments; Removal of Confederate monuments and memorials

See also: Iconoclasm, Byzantine Iconoclasm

Sexuality and Gender

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List of landmark court decisions in the United States#Discrimination based on sexual orientation or gender identity

List of sex-related court cases in the United States

Defense of Marriage Act allows states to refuse to recognize same-sex marriages granted under the laws of other states. Acts provisions declared unconstitutional or rendered unenforceable by United States v. Windsor (2013) and Obergefell v. Hodges (2015), which means the law itself has been practically overturned.

Philosophers Kathleen Stock, Peter Boghossian.

Some lesbians say they are increasingly being pressured and coerced into accepting trans women as dating and sexual partners - and upon refusal, accused of transphobia, shunned and even threatened for speaking out. Several have spoken to the BBC, along with trans women who are concerned about the issue too.[1]

(Mis)Education

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Allan Bloom, The Closing of the American Mind

Stolen Concept

An Introduction to Objectivist Epistemology

Critical Race Theory

Don't Say Gay Florida House Bill

No Left Turn - Woke CRT Glossary

Life and Death

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Euthanasia in Canada

Qualified Immunity of police from prosecution

pro-life plaintiff Sandra Cano (Mary Doe) misrepresented in Doe v. Bolton (1973) by lawyer Margie Pitts Hames

s:Dobbs v. Jackson Women's Health Organization (draft opinion)

For the first 185 years after the adoption of the Constitution, each State was permitted to address this issue (abortion) in accordance with the views of its citizens. Then, in 1973, this Court decided Roe v. Wade, 410 U. S. 113.

Roe was "not constitutional law" at all and gave almost no sense of an obligation to try to be."[2]

30 States prohibited abortion at the time, and this decision effectively struck down the abortion laws of every single State.[3] As Justice Byron White aptly put it in his dissent, the decision was an exercise in "raw judicial power".

Eventually, in Planned Parenthood of Southeastern Pa. v. Casey, 505 U. S. 833 (1992), the Court revisited Roe, but the members of the Court split three ways. Two Justices expressed no desire to change Roe in any way.[4] Four others wanted to overrule the decision in its entirety.[5] And the three remaining Justices, who jointly signed the controlling opinion, took a third position.[6] Their opinion did not endorse Roe's reasoning, and it even hinted that one or more of its authors might have "reservations" about whether the Constitution protects a right to abortion.[7] But the opinion concluded that stare decisis, which calls for prior decisions to be followed in most instances, required adherence to what it called Roe0's "central holding"—that a State may not constitutionally protect fetal life before "viability"—even if that holding was wrong.[8] Anything less, the opinion claimed, would undermine respect for this Court and the rule of law.

Racial Justice

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More White Humility, less White Fragility

Intersectionality, Kimberle Crenshaw

Antiracism, How to Be an Antiracist, Ibram Kendi

Woke

Law and Anarchy

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Anarchy, State, and Utopia, by Robert Nozick, advocating a Minarchist night-watchman state? Entitlement theory of distributive justice.

Mob "Justice" & Cancelation

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Social norms are changing, often for the better, according to Anne Applebaum. But retribution for transgressions often lacks due process and leaves no room for forgiveness. Resulting in illiberal spaces with tight social conformity enforced through peer pressure.[9]

Public Health vs Coercive Government

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Freedom vs Surveillance

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Consumer Protection, Anti-trust enforcement, Big Tech

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Economic Justice

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Michael Sandel, in his 2020 book The Tyranny of Merit. makes a case for overhauling western neo-liberalism. Elite institutions including the Ivy League and Wall Street have corrupted our virtue, according to Sandel, and our sense of who deserves power.[10] Criticizes John Rawls' Theory of Justice, saying that taking the original position is impossible.

Daniel Markovits, The Meritocracy Trap

Bibliography

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References

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  1. ^ Lowbridge, Caroline (26 October 2021). "'We're being pressured into sex by some trans women'". BBC.
  2. ^ http://www.wdl.org/en/item/Q6238047/, The Wages of Crying Wolf: A Comment on Roe v. Wade, 82 Yale L. J. 920, 926, 947 (1973) (Ely).
  3. ^ http://www.wdl.org/en/item/Q4994314/, Foreword: Toward A Model of Roles in the Due Process of Life and Law, 87 Harv. L. Rev. 1, 2 (1973) (Tribe).
  4. ^ See 505 U. S., at 911 (Stevens, J., concurring in part and dissenting in part); id., at 922 (Blackmun, J., concurring in part, concurring in the judgment in part, and dissenting in part).
  5. ^ See 505 U. S., at 944 (Rehnquist, C. J., concurring in the judgment in part and dissenting in part); id., at 979 (Scalia, J., concurring in the judgment in part and dissenting in part).
  6. ^ See 505 U. S., at 843 (plurality opinion of O'Connor, Kennedy, and Souter, JJ.).
  7. ^ 505 U. S., at 853.
  8. ^ 505 U. S., at 860 (plurality opinion).
  9. ^ Applebaum, Anne (October 2021). "The New Puritans". The Atlantic Monthly.
  10. ^ "Michael Sandel: Why the elites don't deserve their status". UnHerd. Retrieved 2022-05-24.