This whole argument is a double effect argument. The problem with double effect analysis is that the user gets to first select the starting point, and then weigh the variables based on very subjective criteria so that it is pretty easy to make it come out the way you want. If you do it as objectively as possible with an open mind its a useful tool, but that’s rarely how people use it.
There are four steps:
- The act itself must be morally good or at least indifferent.
- The agent may not positively will the bad effect but may permit it. If he could attain the good effect without the bad effect he should do so. The bad effect is sometimes said to be indirectly voluntary.
- The good effect must flow from the action at least as immediately (in the order of causality, though not necessarily in the order of time) as the bad effect. In other words the good effect must be produced directly by the action, not by the bad effect. Otherwise the agent would be using a bad means to a good end, which is never allowed.
- The good effect must be sufficiently desirable to compensate for the allowing of the bad effect.
Here the act is exposing gruesome photos to the public. The bad effect is traumatizing children and adults. The good effect is convincing people that arbortion is wrong. My thoughts on application:
- The act is probably indifferent, although some may say its bad. If the act is bad you are done, you can’t do it.
- The agent (the truck driver) may not be willing the bad effect, but he is allowing it. He can allow it and pass this stage, but if he is willing it, you’re done, he can’t do it. If the agent believes that only through the bad effect (disgusting and traumatizing people) will the good effect result, then he is certainly willing it and it fails this stage. The bad effect must be a collateral result of the act, it can not the cause of the good effect. I think the good effect here does flow from the bad effect.
- Whether the good effect flows immediately from the act is open to argument. If you think it is just a nudge that does not accomplish the goal on its own, then I think you cannot do it. It doesn’t seem direct to me, but others may differ.
- Whether the good effect is sufficiently desirable depends on what you believe about the efficacy of the good effect. Here is where the subjective weighing gets hairy. Does convincing one person that abortion is wrong out weigh the other harms? What if that person does not vote or have a reasonable chance of getting involved in abortion one way or the other?
So, although I understand why some may weigh things differently, in my opinion this method fails the double effect test for three reasons: 1) the good effect probably flows through the bad effect, 2) the good effect is not sufficiently direct, and 3) there is significant question whether in practice the cost of the bad effect will outweigh the good effect.
Note that if you recast the good effect as preventing abortions instead of as convincing people, you get a better result at the weighing stage. I think you fail at stage 3, though, because it is not a direct effect.