….ultimately this is not a question of rights, but a question of what is right. In our judgment, building an Islamic Center in the shadow of the World Trade Center will cause some victims more pain – unnecessarily – and that is not right.

How about this?

….ultimately this is not a question of rights, but a question of what is right. In our judgment, building an Islamic Center in the shadow of the World Trade Center drawing cartoons of the prophet Mohammed will cause some victims more pain – unnecessarily – and that is not right.

Putting hurt feeelings above Constitutional rights is a very bad idea. Even asking people to voluntarily waive their Constitutional rights is a very bad idea.