A sad and terrible verdict in Massachusetts

I see two serious problems with this verdict — one moral, the other legal. First, Conrad Roy is responsible for his death. To argue that Carter committed manslaughter is to diminish Roy’s moral agency. It denies his free will. It’s wrong to deny compassion to someone so troubled that they’d attempt suicide, but we can’t move so far in the other direction that we race to find who’s “really” to blame when a person voluntarily takes their own life. It’s still an act of self-murder, and while Carter undoubtedly played a persuasive role, I can’t imagine where we will draw the line. Will we prosecute mean people for manslaughter when troubled teens kill themselves?

Second, there are real First Amendment implications with this verdict. Carter’s actions were reprehensible, but she was sharing with him thoughts and opinions that he may have found persuasive but had the capacity to reject. A legal argument that renders otherwise-protected speech unlawful because it actually persuades would blast a hole in First Amendment jurisprudence.