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September 02, 2015


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Under these circumstances, don't you think that a rational actor in Davis' position might calculate that the benefits of a little bit of imprisonment would, over time, outweigh the short-term costs? She gets to be a martyr, she gets to be a hero to a certain class of people. People who will pay money to listen to her explain how she was steadfast in her religious belief even when that mean ol' Federal judge sent her to jail for being Christian. (I realize that's not really why she's not at her liberty right now, but that's what the speech winds up sounding like.) And even if she's just a flash in the pan, how much money got thrown at that pizza company in Indiana for only hypothetically turning down the opportunity to cater a same-sex wedding? Davis could figure she'll be like that.

Michelle Meyer

Yes, exactly. For some people in her position, the incarceration and the media attention would be traumatizing. For others, there would be intangible and even tangible benefits in just the way you describe. I haven't the slightest idea which kind of person Davis is, and I doubt her lawyers do, either, which is why shared decision-making is so vital between professionals/experts and laypersons whenever values and preferences are a significant part of the equation, as they frequently are.

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