标题：Freedom of Thought, Offensive Fantasies and the Fundamental Human Right to Hold Deviant Ideas: Why the Seventh Circuit Got it Wrong in Doe v. City of Lafayette, Indiana
摘要：[Excerpt] "A precarious balance and considerable tension exists between two competing legal interests – the essential, First Amendment-grounded human right to freedom of thought, on the one hand, and the desire to prevent harm and injury that might occur if thought is converted to action, on the other. To understand this tension, it is useful to start by considering three different and disturbing factual scenarios. Scenario 1: A man recently completed a prison term for the crime of assault with a deadly weapon. He now stands outside of Madison Square Garden in New York City. It is September 2, 2004. The man is an anarchist with radical ideas. More than anything else, however, he hates President George W. Bush, who will speak that night at Madison Square Garden. Like many protestors outside of the Republican National Convention, he chants the usual down-with-Bush slogans. However, this man also thinks about what it would be like to kill the President. He fantasizes about shooting President Bush as he watches the presidential motorcade arrive and he sees the President step out of his car to wave to the crowd. But the man does not act on his fantasies. After President Bush enters Madison Square Garden, the man peacefully leaves the scene and heads home. Scenario 2: A fourteen-year-old boy is often taunted by classmates at school because he is perceived to be a “freak.” The boy loves to play video games, both at home and at an arcade a block away from his school. His favorite games depict graphic images of violence, much like those played by Eric Harris and Dylan Klebold, the killers at Columbine High School. As he plays the games, he fantasizes about walking down the block, entering his school and killing three of his classmates who bully him the most. He admires Michael Carneal, a student near Paducah, Kentucky who came into school one day in 1997 and opened fire on some classmates, killing three students. Although the boy has access to a gun at home, he never brings it to school or converts his thoughts to action. He always goes home from the video arcade peacefully. Scenario 3: A man has “a long history of arrests and convictions for sexually related crimes.” Although now free from prison and nearly a decade removed from his last conviction, “he still has fantasies about children.” One day, he drives to a
