Not every problem has legal solution

Published 8:18 pm Tuesday, November 4, 2014

The freedom of speech is the most fundamental tenet of our Bill of Rights. Any proposal to limit that freedom should be approached with great caution.

Many of us have seen, and been shocked by, a video by a group called “Hollaback!” that has gone viral. The video shows the harassment that many women routinely face when walking through public areas. In the video, a woman is seen enduring sexual harassment and catcalls from numerous men.

“To film the video, Rob Bliss outfitted a backpack with a hidden camera and walked across New York City streets for ten hours in front of actress Shoshana B. Roberts, who was dressed in jeans and a T-shirt and holding a microphone in each hand,” Slate reports. “Bliss’ camera caught men approaching, leering, and trailing Roberts’ movements; the mics recorded their comments, which ranged from ostensibly friendly greetings (‘Have a nice evening!’) to unsolicited commentaries on Roberts’ body (‘Sexy!’) to absurd commands (‘Smile!’) to pure expressions of entitlement (‘Somebody’s acknowledging you for being beautiful! You should say thank you more!’).”

Her treatment is certainly unacceptable. But is it so egregious that there should be a law against it? That’s what Laura Beth Nielsen argues in the New York Times.

She contends, “The law would prohibit ‘uninvited harassing speech or actions targeted toward individuals in public spaces on the basis of sex or sexual orientation when done with the intent to intimidate.’ Violation of the law could be a tort, meaning a woman could sue her harasser; an infraction, like a ticket with a fine; or even a misdemeanor.”

Here’s the problem with that. Like “hate speech” laws, such a law could easily be misused to silence those we don’t agree with — for example, could a preacher’s sermon count?

And it’s so subjective — with terms like “uninvited,” and “intent to intimidate” that the same action that is fine in one context could be criminal in another.

Responding to Nielsen in the Times, Gabe Rottman of the American Civil Liberties Union notes that “all states already have laws governing many forms of street harassment, including some of the behavior on display in the video … [including] laws covering following, threats, stalking, groping and putting someone in fear of unwanted physical contact (even if you don’t touch them).”

He feels making laws against catcalling would be a mistake.

He’s right, of course. But there’s another important point to be made here. Not every problem has a legal or even a government solution.

The problem on display in that video isn’t something that can be solved by a police officer with a citation book. We should focus on changing hearts, not laws.

Interestingly, that’s something the Hollaback! filmmakers agree with. They don’t support laws to criminalize catcalling. They say it should be fought with stories — the stories of the women who endure it.

“Stories change the world,” they contend. “Your story will build an irrefutable case as to why street harassment is not OK. A case strong enough to change the world.”