7) Using at least a full page, describe your normative recommendation for the selected Case. That is, explain what actions you would recommend to fully resolve the ethical dilemma or issue. Explain the basis of your normative recommendation, which should be one of the four alternatives above or some combination thereof. Be creative! Note that this response of the Case Report is also a key focus. Please do not cut this discussion short!
Hate speech is completely protected under the first amendment, unless there is direct, specific threat that will result in “imminent lawless action.” This was certainly the case when we were discussing how Jake’s thoughts and e-mails provoked a violent action towards one of his female classmates. After a long deliberation between our group members, I decided that I would propose to charge Jake Baker with premeditated violent crimes; the teleological approach. I chose this because one person inciting a panic among society from his sadistic short stories should have zero tolerance in the community.
If Jake would have kept his stories to himself or with his friend, and never went out into the public, then I would impose to ‘do nothing.’ Since he incited panic throughout the society and the University as a whole, then this has became a totally different story; therefore, he should be put in jail to reflect on his actions. To point out in this story, the main reasoning on why he should be charged with premeditated violent crimes is because his ‘fantasies’ involved a University of Michigan student’s name that he had a class with. Because these stories are pure fiction, the young woman might not feel a direct threat from Jake to be kidnapped or tortured and etc., but the fact that Jake used her real name brings defamation to her character in the Ann Arbor community. This is where we feel like Jake went over the line with his short stories.
Another reason is because of the series of e-mails between Jake and Arthur Gonda. Talking about various sexual fantasies, while disturbing to the typical citizen, is not illegal in and of itself, but when you come up with a plan and plot online about how they could kidnap and torture other young women in the society raises panic in that respected society. From the example we talked about in session nine of our class and the PowerPoint, Hal Turner wrote on his personal blog (similar to Jake’s e-mails) that three judges from Chicago deserved to be killed. Since this is not a direct threat to the three judges, this is protected under the First Amendment. The next day, he posted photographs of the judges, a map showing the Chicago courthouse, and a note of the placement of “anti-truck bombing barriers”. This is where free speech is not protected. Once he did this on his blog, there is a direct threat to the three judges and, therefore, he got arrested. Hal’s case is similar to Jake’s in that once he plotted online through e-mail how they could kidnap these young women, which would incite a panic to society; thus, becoming a threat. Basing Jake’s case off Hal’s, it is determined in our group that Jake should be placed behind bars.