(The Return of) Ignatz, by Sam Heldman

Thursday, April 24, 2003

two short items
* Don't wear a bandana over your nose in Huntsville AL. You'll get arrested. Strike that -- you'll get arrested if you're an antiwar protestor whom the police don't like.. Article here.

* The big topic in some corners of the blogworld these days is, "so why would gay sex be constitutionally protected, but not consensual adult incest?" (e.g., here, here, and here). It's hard even to take the question seriously, because it is usually posed -- as by Sen. Santorum -- with the implication that gay sex is like incest in some way that hetero sex is not. But if you do want to take the question seriously (though I don't, particularly), get yourself to a law library or fire up your LEXIS account and read Jed Rubenfeld's "The Right of Privacy," 102 Harv. L. Rev. 737 (1989), which lays out a brilliant account of the constitutional right to privacy. Along the way, it happens to answer the "incest" question, at p. 801 n.223. Long story short, the theory of privacy in Rubenfeld's article is an anti-totalitarian one: the right in question is not the right to perform any particular sex act, but the right not to have the government invasively mold the citizenry's life along a particular narrow path. Good reading for those interested in law and philosophy. (And I helped edit the article, back in the day, though I can't claim that I did anything to make it better).

posted by sam 7:01 AM 0 comments


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