Becket Fund founder Kevin Hasson was one of the stars of tonight's panel on "What is Freedom?" At the conclusion of his retelling of the stories of Mary Dyer and the Panchen Lama, he mentioned that he's told this story and posed his questions at universities across America. I've tracked down a transcript, from his remarks at the U.S. Embassy to the Holy See, on December 3, 2004. His remarks tonight paralleled this portion of his address:

When asked where religious liberty comes from the typical American responds in a way that would appall Madison: "well, it comes from the Constitution, of course". And even when pressed to the next step, "and what if the Constitution were to be amended or repealed?" most Americans hold their ground and say "well then I guess religious liberty would be amended or repealed as well". They thus appear to be thoroughgoing if amateur positivists. But not for long. In my experience, they are easily rescued from this position. Give them the story of Mary Dyer and they will instantly be deeply ashamed...

The story of Mary Dyer is indeed a shameful one. It takes place in pre-colonial Boston, which was then known as the Massachusetts Bay Colony. The Massachusetts Bay Colony was legally erected as a puritan sanctuary. Puritanism was legally established, and with a vengeance. It did not suffer anything remotely resembling religious liberty. So in 1656 when Quaker evangelists began to appear, the duly elected legislature duly enacted a law providing that such Quakers were to be expelled and if they returned, flogged and expelled once again. To their astonishment, the Quaker preachers returned, often repeatedly, to preach and, if necessary, to be flogged. So the following year, the duly elected legislature duly enacted

a new stature providing that repeat offenders were to have one ear cut off. Those who persisted beyond that point would have the other ear cut off, and for a third offense their tongues were to be bored through with a hot iron.

This was still insufficient to deter the Quakers who believed they were obeying the command of God himself to preach against the Bay Colony. Once again they returned... [O]n June 1, 1660, Mary Dyer was solemnly, lawfully hanged on Boston Common for her insistent preaching...

There was no constitution yet. Well then, why didn't Mary Dyer have it coming?...

[R]eligious liberty is a human right that no government grants in the first place and therefore no government may properly deny. It follows from human nature itself and more precisely from a mind and heart that is born to seek the true and the good, and from a conscience that insists we embrace the good and the true we believe we have found.

Many comments on the earlier Forum 1 post relate to Mr. Hasson's remarks.