Know Your Freedoms!

by La Shawn on 03.02.06

in General

Bill of RightsUpdate III (3/3 @ 10:49 a.m.): I’m going to do something today that I haven’t done in a loooong time: go offline. I’ll check via the Treo periodically to approve comments caught in the moderation queue. Enjoy your freedom, and rest easy this weekend!
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Those who deny freedom to others deserve it not for themselves. – Abraham Lincoln

It matters little to me, in 2006, that some of the men who drafted the U.S. Constitution owned slaves or that none of them had people like me in mind when they drafted what is still and will always be the most astounding document ever conceived.

What matters is that the Constitution is mine today. I am a full-blooded, first-class American citizen who possesses all the rights guaranteed in the Constitution and those not given by men: inherent, unalienable, God-given rights.

When I write about my awe of what America’s founders were able to accomplish, I sometimes receive e-mail from blacks who think I’m off my rocker. They can’t understand why I write so favorably about America’s founding, given its history of human bondage.

Slavery, in one form or another, has existed all over the planet, and in some parts of the world (Mother Africa!), it still does. But slavery was abolished in the western world. I believe it was abolished on our own soil because to deprive a class of people their freedom, particularly based on the color of their skin, was inconsistent with the ideals upon which this nation rests. The inherent tension was bound to cause America to break the chains or collapse under the weight.

Whether or not you believe the Civil War was fought “to free the slaves” or was strictly about economics, the war was a pivotal point in our history. Either we were going to be true and faithful to the Constitution and give freedom to all, or we were going to be hypocrites, paying lip service to “freedom” while denying the same to others based on arbitrary notions of who is deserving and who isn’t.

The first ten amendments to the Constitution, the Bill of Rights, are unmatched in their respect for the dignity and autonomy of the individual. These amendments act as limits on the government. The government shall notshall make no law. The people’s rights shall not be infringedshall not be violated.

What happens to a people who don’t know their rights and freedoms? It’s shameful that some have no understanding or interest in knowing why they’re not thrown in jail for protesting against the government. They may ignorantly believe this is how the world works. Americans, including myself, are a spoiled lot, and most of us take for granted that we won’t face decapitation for marching on Capitol Hill and calling George Bush and Supreme Court judges fascists, or rallying to protest against child murder-supporting politicians.

This morning I planned to write a brief post about this article:

Only one in four Americans can name more than one of the five freedoms guaranteed by the First Amendment (freedom of speech, religion, press, assembly and petition for redress of grievances.) But more than half can name at least two members of the cartoon family, according to a survey.

The study by the new McCormick Tribune Freedom Museum found that 22 percent of Americans could name all five Simpson family members, compared with just one in 1,000 people who could name all five First Amendment freedoms.

simpsons But it turned into another long one.

When I first read the article, it was sadly funny that people know more about “The Simpsons” than their First Amendment rights. Then it was just sad. (Download a PDF copy of the survey)

[Note: The McCormick Tribune Freedom Museum sampled 1,000 adults. Some of the findings: When given a list of freedoms, most recognized that freedom of religion and freedom to criticize the government were FA rights; a majority incorrectly said the right to vote and trial by jury were FA rights; and one in five said the FA guaranteed the right to own and raise pets and drive a car!]

But this is what happens in a technologically advanced society with the sort of leisure that affords indulgence in popular culture tripe. It’s ironic that Americans are free enough to engage in trivial pursuits and not have to fight for basic rights or even know what those rights are or where they came from and how they came to be!

A few notes on our First Amendment rights:

  • Freedom of religion — This doesn’t mean we’re free from religion. The Establishment Clause is a limitation on the government, not individuals. The government may not establish an official state religion, but individuals are free to practice their religion without government persecution. It doesn’t mean that the government is forbidden to mention the word “God” or that children in government schools can’t pray or that government schools can’t conduct Bible studies. The Supreme Court, interpreters of the law, decided that religion and the state must be entirely separate and unentangled. The Establishment Clause had no such thing in mind.

    [Update: A commenter correctly notes that I gave "short shrift" to the Free Exercise Clause, although I referenced the right to practice religion without persecution.]

  • Freedom of speech — Read some notes I made in the Holocaust denial post. I realized early in my blogging adventure how woefully ignorant some were about this freedom. When I deleted vile comments, for example, I was accused of being against “freedom of speech.” Clever types would argue that by deleting their droppings, I was stifling discourse and the free exchange of diverse ideas. So what? The First Amendment doesn’t limit me from restricting speech, as commenters have no such right on this blog. For details, read the comment policy.
  • Freedom of the press — A free press is the lifeblood of a democracy/constitutional republic, and that’s not an overstatement. The press, ideally, serves to criticize and investigate the government, and inform the people about what’s going on with their government, among other things. Read this freedom of the press article.
  • Freedom to assemble — The people have the right to assemble privately with whomever they choose, with very few exceptions. We have a right to form political groups and meet with others for purposes of political action. We can form private clubs that exclude certain people for any reason. If someone wants to invite only blacks to join his private organization, he has a guaranteed right to do so. If a golf club wants to admit only men and exclude women, a million camera-hogging Jesse Jacksons and irate feminists can’t do a thing about it.
  • Freedom to petition the government for redress of grievances — This clause gives us the right sue the government, lobby the government, and to march on Capitol Hill and call our leaders fascists. I found an article that explains this clause pretty well.

Know and understand why you’re free, people, even it means turning off the idiot box while you educate yourselves. In the words of General Douglas MacArthur:

“No man is entitled to the blessings of freedom unless he be vigilant in its preservation.”

Bloggers:

Sources:

Update II: One of the issues raised when blogging about the law or detailed subjects is that a post is not a classroom. It’s also not a semester-length course, nor is it meant to be all-inclusive. Reading First Amendment cases would help you understand the law and why courts came to certain conclusions, but I certainly don’t expect busy readers to do that. It would be nice, though. :)

In the meantime, I think this outline would be helpful. A commenter mentioned Sharia law, and I think it’s important for people to know that your free exercise of religion stops if it poses a danger to others. No freedom is absolute. See the outline for details.

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