Winning Law Day essay calls for more civility in the public square

When Central York senior Zachary Sowers was writing his award-winning 2023 Law Day essay, he had no idea his words about civility would receive affirmation from a federal court judge.

Judge Jennifer P. Wilson referenced Zachary’s essay in addressing a York County Bar Association/Bar Foundation Law Day audience earlier this month.

“According to essay winner Zachary Sowers, whose essay I read with great interest, incivility is dangerous to the function of a free state,” Wilson of Pennsylvania’s Middle District wrote. “Zachary writes that incivility can have devastating consequences in a free society by undermining the rule of law, free speech, and peaceful conflict resolution.

“I could not agree more.”

She later referenced a point Zachary made about free speech.

“Zachary points out in his essay – and again I completely agree – that incivility is also destructive to free speech,” she said.

“When you read First Amendment caselaw, you find a plethora of examples that show that the right to free speech can be tough to handle. Our right to free speech requires us to engage in respectful discourse even when faced with objectionable and offensive opinions.”

Zachary looked at the current state of America’s public square – shouting matches, personal attacks and violence - and decided to write about it.

His title: “Why is incivility dangerous to the function of a free republic?”

“I believe extremists from both sides of the aisle have caused people to associate outlandish radical ideas with everyone who brings up disagreements,” Zachary, who will study computer science at Rochester Institute of Technology, said in an interview. “The belief that those who disagree with us have radicalized has resulted in the incivility of modern day American debates.”

This has undermined respect for the judicial and legislative systems and each other, he said in an interview.

“This lack of respect is really what inspired me to pick the topic of civility …” he said. “I wanted to remind everyone to be civil.”

As for Judge Wilson’s recognition of his work, well, it heightened his sense of accomplishment.

“She was the highest-ranking political official I have ever met personally,” he said, “and it was an honor to be considered so highly by her.”

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The essay

Here is Zachary’s essay, tied to a 2023 Law Day theme of “Cornerstones of Democracy: Civics, Civility, and Collaboration:”

“The term incivility can be defined as a lack of respect, politeness, or decency towards others. In a society that values freedom and democracy, incivility can have devastating consequences. This is because it undermines the fundamental principles upon which a free republic is built: respect for the rule of law, freedom of speech, and the peaceful resolution of conflicts.

“Most importantly, incivility undermines respect for the rule of law. In a free republic, laws are made by elected officials and enforced by independent judicial institutions. The legitimacy of the rule of law depends on people’s trust in these institutions.

“When people engage in incivility, they aren’t only disrespecting each other, but also disrespecting the institutions that uphold the rule of law. This erodes people’s trust in these institutions, leading to a breakdown of social order and the potential for violence.

“A perfect example is the storming of the U.S. Capitol two years ago. Individuals engaged in incivility by breaking into the Capitol, vandalizing property, and engaging in physical altercations with law enforcement officers. This undermined the legitimacy of the democratic process and led to widespread condemnation from both sides of the political spectrum.

“Secondly, incivility undermines freedom of speech. In a free republic, freedom of speech is a cherished right that allows individuals to express their opinions without fear of retribution. However, this right isn’t absolute, and it comes with responsibilities. One of these responsibilities is to engage in civil discourse that respects other people’s opinions, even if they disagree with them.

“When people engage in incivility, they aren’t only disrespecting each other, but also silencing opposing viewpoints. This creates a chilling effect on freedom of speech, where individuals may be afraid to express their opinions for fear of being attacked or ridiculed.

“Lastly, incivility undermines the peaceful resolution of conflicts. In a free republic, conflicts are inevitable, but they need to be resolved in a peaceful and respectful manner. When people engage in incivility, they aren’t only disrespecting each other, but also escalating conflicts to a point where violence becomes extremely likely.

“This creates a dangerous environment where people are afraid to express their opinions or engage in peaceful protests. The protests that followed the death of George Floyd in May 2020 demonstrated this flawlessly. Individuals engaged in incivility by looting and burning buildings, which undermined the peaceful nature of the protests and led to widespread condemnation from both sides of the political spectrum.

“To conclude, incivility is dangerous to the functioning of a free republic because it undermines respect for the rule of law, freedom of speech, and the peaceful resolution of conflicts. It erodes people’s trust in democratic institutions, promotes cynicism and apathy towards the political system, and creates a dangerous environment where violence becomes a real possibility.

“As such, it is important for individuals to engage in civil discourse that respects other people’s opinions, even if they disagree with them. By doing so, we can create a society that values respect, politeness, and decency towards others.”

Jim McClure is a retired editor of the York Daily Record and has authored or co-authored nine books on York County history. Reach him at jimmcclure21@outlook.com.

This article originally appeared on York Daily Record: Winning Law Day essay calls for civility in public square