Federal Judges – Enforce or Interpret the Law?
Introduction
Ethical dilemmas in the legal profession often arise due to the exercise of discretion by the prosecutors, defense attorneys as well as judges. Professional misconduct also emerges from this aspect of discretion. After conducting a review of the case in question, as a judge, I have to decide as to whether the art piece presented is, for a fact, obscene. The district attorney has filed an injunction against it because she/he believes the piece of art is obscene and should not get displayed in the art gallery for the public to see. The district attorney also wants an injunction directing the closure of the show. The decision in this matter has to be free of personal bias with the best interest of the community in mind. This case presents an ethical dilemma to the judge based on the fact that he has to decide what the right decision would be between upholding the First Amendment rights that the artist is entitled to in expressing herself through her art and the demand from some community members that the art should not be allowed because of its obscenity. There is also a dilemma regarding his personal beliefs regarding obscenity and the constitutional right guaranteeing freedom of expression.
The ruling of the case and rationale of the decision
The court grants me authority as a judge in this case to make a decision as to whether this art piece is obscene or not, and whether it should be displayed in the gallery for public view, and funded by the federal agencies and the city. However, the form of art raises a number of questions that are of concern to the public. Despite the belief by the artist that her art has qualities that are redeeming, and that is a representation of the various faces that portray humanity, people who view the piece have different opinions about how they see it. It, therefore, raises several questions that I have to consider in making my ruling in this case. For instance, if the artwork gets displayed and children happen to be in the gallery, how would they be affected? What effect will the display of the art have on the moral structure of the community? How will the presence of such kind of artwork affect the community as a whole? What kind of precedent will I be setting in my decision in this case? How will the decision, in this case, affect the decisions in similar situations in the future? Despite having raised in a strict background, I will set aside my personal biases and respect the artist’s freedom of expression as well as see the beauty in the art. I will allow the artwork to be displayed but set age restrictions as to who can be allowed in the gallery. Different forms of art behave been around for years, and failure to allow them to be displayed will be a failure to recognize the value of art that has existed for many generations. Despite the demand by the public represented by the district attorney against allowing the display of the artwork for public view in the gallery, and the ethical dilemma I am faced with,I have to consider the right of the artist to express herself as granted by the First Amendment.
Dismissing personal bias in reaching and explaining the decision
I will dismiss any personal bias related to my personal beliefs that are majorly influenced by how I was raised and uphold my moral and ethical obligations as a judge and make a decision that is fair for the parties involved. I will consider the fact that despite the fact that art may not be my taste, I will not be the one buying it, and there are some people who have an interest in that form of art. The First Amendment’s protection of artistic expression got interpreted by the Supreme Court to extend to what is created by the human impulse in addition to art expressed in theatres, paintings, posters, books, and music videos(Carter Jr, 2019). As a judge, I have to set aside my personal beliefs and biases and make a decision that is impartial.
There are two aspects that the judge, in this case, has to look at in reaching a decision in this case. The neutrality of the content in the sense that the government cannot limit the freedom of expression because a number of listeners or the community are offended by the content. Even if we find it offensive, the artist has a right to express themselves as long as their expression does not infringe on the rights of others around them. Another aspect is harm that is imminent on a societal interest that is important. The First Amendment gets based on the fact that everyone has the right to free speech in painting, writing, drawing, hearing, and reading(Carter Jr, 2019). There is a lot of sexual content that is expressed by the artist through the social media channels that the public can easily access, their effect cannot be compared to a painting displayed in the gallery, and for this reason, I will allow the painting to be displayed in the art gallery.
“If the judicial system is not independent of political powers, and is a pawn or agent of political power, then due process is a sham, and the very essence of democracy is threatened,”
I agree with the above statement as I believe the decisions that get made by the judiciary have to be independent of any outside influence from the government or other political elements. If the decisions that judges make get influenced by the pressures they may get from powerful political figures in society, then the judiciary becomes a pawn that bends to the demands of political power. This can cause significant interference with the constitutional provisions that everyone is entitled to a fair hearing as the influence of political power interferes with the due process. Due process is important because it creates a balance in the law of the land’s power and protects individuals from it. Due process protects the constitutional rights of individuals by limiting legal proceedings and laws so that judges can guarantee and define fundamental fairness, liberty, and justice(Strauss, 2016). If the due process gets suppressed by political influence, then democracy will not exist in that system as the independence of the judiciary will have been interfered with, and it will not be able to protect the constitutional rights of the community that looks up to it for a fair judicial process.
In determining the decision to allow the art to be displayed in the gallery, my decision is aimed at protecting the fundamental right of the artist in her freedom to express herself as provided by the First Amendment of the United States Constitution. Despite opposition from the members of the community and some public figures arguing that the art was obscene and should not be allowed for public view by displaying it in the art gallery, the decision I make has to be independent of that influence which happened in this case as I set aside the opinions of the majority that were opposing it and independently made a decision to protect the constitutional right of the artist. Independence of the judiciary entails making decisions based on evidence that is substantial in accordance with the constitutional provisions and granting the parties a hearing that is fair amounting to a decision that respects the fundamental rights that all individuals are entitled to(Gur-Arie & Wheeler, 2016).Making the judiciary an independent body was essential as detaching it from the other arms of government makes it possible for it to make decisions that are impartial.
Conclusion
The members of the legal profession get faced with ethical dilemmas every now and then in the course of carrying out their legal practice. Most of the ethical dilemmas that judicial officers come across are based on the personal beliefs they have regarding certain aspects of the society and the pressure imposed by the public figures. The concept of independence of the judiciary is about the assurance that judges can make decisions in accordance with the provisions of the law and not in accordance with their own beliefs of the influence of the government’s political branches. The First Amendment protections of the freedom of expression should be upheld by the judiciary in making its impartial decisions.
References
Carter Jr, W. M. (2019). First Amendment: Freedom of Expression (Spring 2019 edition).
Gur-Arie, M., & Wheeler, R. (2016). Judicial Independence in the United States-Current Issues.
Strauss, P. (2016). Due process. Cornell University Law School Legal Information Institute.