The Limits of Personal Freedom
Azdak
Posts: 8,281 Member
In the United States and in many countries, there is a strong value placed on individual freedom. Freedom of speech, freedom of religion, freedom to access information, freedom to choose where one wants to live, and freedom to follow one's occupational pursuits and just a few of the "personal liberties" that we feel are the bedrock of our societies and cultures.
Especially in the US, personal freedom is considered more important than, say, creating a more ordered society that provides food for everyone, or medical care, or education. We allow tremendous inequities to exist in order to preserve our personal freedom. (That's not a criticism--just meant to reinforce how high we place "personal freedom" on our scale of moral values).
However, we also live in heavily-populated, complex societies. It would stand to reason, then, that "personal freedom" cannot be absolute, since the absolute exercise of "personal freedom" by one person could legitimately infringe upon the "personal freedom" of another.
The idea that there are limits on individual liberty is reflected in both philosophy and the legal system.
In his seminal essay, "On Liberty", John Stuart Mill writes that, in general, a person should be left as free to pursue his own interests as does not harm the interests of others. In such a situation, "society has jurisdiction over [the person's conduct]".
The current limitation on free speech in the US was expressed in the 1969 SCOTUS decision in Brandenburg v Ohio, in which the Court held that government cannot punish inflammatory speech unless that speech is directed to inciting, and is likely to incite, imminent lawless action. Other laws are place to offer redress in cases of slander and libel.
And then there is the great American philosopher Paul Simon, who stated in a song title, "On Man's Ceiling is Another Man's Floor".
So what do you think should be the limits, if any, on individual liberty/personal freedom?
To me, the overall answer is clear-cut, although not always evident in each individual case. That is that the exercise of one's personal freedom cannot infringe upon the freedom of others and that, in a complex society, the greater good of society must be considered along with the rights of the individual.
Basically, the farther you move from your house (or church), the more your personal freedom can be subject to limitation, based on the needs of others and the needs of society in general.
Some basic examples: you can walk around naked in your house, but not down the street, you can yell "fire" in your living room, but not falsely yell "fire" in a crowded theater, you can refuse to eat meat yourself, but you cannot demand that others refuse to eat it as well, you can follow religious beliefs that call for women to cover their faces in public, but cannot refuse to uncover to take a driver's license ID photo.
When I refer to the "greater good of society" I am not advocating some type of collective enforcement of norms. In general, I think any law or rule that restricts personal liberty must be carefully scrutinized. I am just saying that I do not think that personal liberties are absolute and that there are interests in society that can justify the attenuation of personal freedoms.
I think that most conflicts occur in the area of religious practices, since these tend to be among the strongest personal beliefs and probably also the area in which there is the widest diversity of opinions. But I will leave that to be explored in the discussion.
Especially in the US, personal freedom is considered more important than, say, creating a more ordered society that provides food for everyone, or medical care, or education. We allow tremendous inequities to exist in order to preserve our personal freedom. (That's not a criticism--just meant to reinforce how high we place "personal freedom" on our scale of moral values).
However, we also live in heavily-populated, complex societies. It would stand to reason, then, that "personal freedom" cannot be absolute, since the absolute exercise of "personal freedom" by one person could legitimately infringe upon the "personal freedom" of another.
The idea that there are limits on individual liberty is reflected in both philosophy and the legal system.
In his seminal essay, "On Liberty", John Stuart Mill writes that, in general, a person should be left as free to pursue his own interests as does not harm the interests of others. In such a situation, "society has jurisdiction over [the person's conduct]".
The current limitation on free speech in the US was expressed in the 1969 SCOTUS decision in Brandenburg v Ohio, in which the Court held that government cannot punish inflammatory speech unless that speech is directed to inciting, and is likely to incite, imminent lawless action. Other laws are place to offer redress in cases of slander and libel.
And then there is the great American philosopher Paul Simon, who stated in a song title, "On Man's Ceiling is Another Man's Floor".
So what do you think should be the limits, if any, on individual liberty/personal freedom?
To me, the overall answer is clear-cut, although not always evident in each individual case. That is that the exercise of one's personal freedom cannot infringe upon the freedom of others and that, in a complex society, the greater good of society must be considered along with the rights of the individual.
Basically, the farther you move from your house (or church), the more your personal freedom can be subject to limitation, based on the needs of others and the needs of society in general.
Some basic examples: you can walk around naked in your house, but not down the street, you can yell "fire" in your living room, but not falsely yell "fire" in a crowded theater, you can refuse to eat meat yourself, but you cannot demand that others refuse to eat it as well, you can follow religious beliefs that call for women to cover their faces in public, but cannot refuse to uncover to take a driver's license ID photo.
When I refer to the "greater good of society" I am not advocating some type of collective enforcement of norms. In general, I think any law or rule that restricts personal liberty must be carefully scrutinized. I am just saying that I do not think that personal liberties are absolute and that there are interests in society that can justify the attenuation of personal freedoms.
I think that most conflicts occur in the area of religious practices, since these tend to be among the strongest personal beliefs and probably also the area in which there is the widest diversity of opinions. But I will leave that to be explored in the discussion.
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Basically agreed but I am perhaps more hesitant with verbage surrounding the limiting of personal freedom for the greater good of society. I think to Jack Thompson's big anti violence in video games push. His website stated explicity (I'm paraphrasing from memory because I can't seem to find the website) that 'we are willing to give up our freedom of speech in this case to protect our children'. I think it is very easy to overstep your bounds in the name of the greater good.0
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Leave me alone, I'll leave you alone. So often when I hear people talk about how they are trying to do something "for the greater good" of society, I often find that they are just trying to get rid of something that they don't like and using children as a political weapon. Take the vilolent video games mentioned by the previous poster. These games cost upwards of 50.00 dollars, if they are M-rated, cannot be sold to a minor, and can only be purchased in stores or online with a credit card. How in the hell does someones child get this if the parent doesn't approve? I'll tell you how, they are oblivious to what their kids are doing. Also, how in the hell does the kid get away with playing the game at home on that big TV which is in full view of anyone who walks by it? Is the TV in their room...that's the parents fault.
I enjoy many genres of entertainment in many forms, PC and console games, TV, the movies, music, and I sure as hell don't want some idiot who either has no clue what their children are up to or is a blatant liar and using their children as an excuse telling me what I can or can't watch.
As far as limiting freedom for relgious reasons, these people always crack me up. We live in a secular nation with a seperation of church and state. Because of this, this nation has had, more or less, a very long period of time where people of faith have been able to worship or not worship as they please with no threats of violence or interference from others. But then some want to take that freedom and turn it against people like homosexuals and supress their rights. It's almost a sick joke.0 -
To me, the overall answer is clear-cut, although not always evident in each individual case. That is that the exercise of one's personal freedom cannot infringe upon the freedom of others and that, in a complex society, the greater good of society must be considered along with the rights of the individual.
This can never work because 'someone' has to decide which is the greater good. An elected official? A court? No thank you. I don't want a crooked or bribed person deciding that the rights of society to do something are more important than my rights as an individual.0 -
I knew after I wrote "greater good of society", that it probably wasn't the best phrase. I even tried to add an additional explanation after I reviewed it before posting, but I just wanted to put it out there. I understand the concerns expressed about that, and I guess defining "greater good" is something that needs to be part of the discussion.
As I wrote, I did not mean "greater good" to mean some vague, easily-implemented justification for stifling personal beliefs and freedom. It was more the idea that, at least in the US, we have common laws and practices, defined by the Constitution, and further refined by legal precedent, that supercede the increasing claims of "absolute freedom" by religious followers and other special-interest groups.
That's not the only theme of the debate, but I think it's one of more important.
The values of our society as a whole are not defined by any one group's beliefs--whether ideological or religious. I think that as long as people act within their homes, and within the structure of their groups, then they have greater claims to absolute freedom. But as they move into the larger world, then the codes, regulations, laws, etc, that are derived from our founding legal documents, begin to take greater precedence.
IMO, you can run your church any way you want, but when you move into the general society as a business--such as a hospital or a university--with a diverse group of people as employees, then you no longer have the right to enforce your religious beliefs without limits or interference. You cannot pick and choose which laws you want to follow, when those laws apply to all businesses and institutions.
As an adult, you have the right to refuse medical treatment according to your religious beliefs, But since those beliefs often are contrary to what science and research have shown to be the best practice to ensure health, you cannot deny medical treatment to your children. ( I think that's how most laws read).
That's more what I meant by "general good".0 -
"To me, the overall answer is clear-cut, although not always evident in each individual case. That is that the exercise of one's personal freedom cannot infringe upon the freedom of others and that, in a complex society..."
"I think that most conflicts occur in the area of religious practices, since these tend to be among the strongest personal beliefs and probably also the area in which there is the widest diversity of opinions. But I will leave that to be explored in the discussion."
Life, liberty, and the pursuit of happiness. As long as my pursuit of those things doesn't directly impact another's ability to pursue those same things for himself, I think that's really all we need. The government's only job then is to protect those freedoms from being impacted by others. The more we restrict personal freedoms to appease those rare 1-2% of the population that disagrees based on principle with, for example, smoking pot, the more we will see a lack of willingness to act to the benefit of the greater good. When I feel free to take care of myself, I am more likely to help others.0 -
I knew after I wrote "greater good of society", that it probably wasn't the best phrase. I even tried to add an additional explanation after I reviewed it before posting, but I just wanted to put it out there. I understand the concerns expressed about that, and I guess defining "greater good" is something that needs to be part of the discussion.
As I wrote, I did not mean "greater good" to mean some vague, easily-implemented justification for stifling personal beliefs and freedom. It was more the idea that, at least in the US, we have common laws and practices, defined by the Constitution, and further refined by legal precedent, that supercede the increasing claims of "absolute freedom" by religious followers and other special-interest groups.
That's not the only theme of the debate, but I think it's one of more important.
The values of our society as a whole are not defined by any one group's beliefs--whether ideological or religious. I think that as long as people act within their homes, and within the structure of their groups, then they have greater claims to absolute freedom. But as they move into the larger world, then the codes, regulations, laws, etc, that are derived from our founding legal documents, begin to take greater precedence.
IMO, you can run your church any way you want, but when you move into the general society as a business--such as a hospital or a university--with a diverse group of people as employees, then you no longer have the right to enforce your religious beliefs without limits or interference. You cannot pick and choose which laws you want to follow, when those laws apply to all businesses and institutions.
As an adult, you have the right to refuse medical treatment according to your religious beliefs, But since those beliefs often are contrary to what science and research have shown to be the best practice to ensure health, you cannot deny medical treatment to your children. ( I think that's how most laws read).
That's more what I meant by "general good".
I got what you were trying to say. But a lot of times many of these solutions to these problems have a side unexplored. When you look at the example of yelling fire in a movie theater, it is apparent that in this case that the person yelling is having his freedom of speech supressed in this case. But it is because not only is he jeapordizing safety, which is the common justification for it, but in fact he is stifling freedom of speech with his actions. I just bought a ticket to a movie with my money. I want to hear what that movie has to say. The people who made that movie wants me to hear their words and see their film. The prankster yelling "fire" has taken one of his liberties and used it to cancel out anothers, so he is wrong.
But if we are going to use the words, "the greater good", civil liberties, freedom of speech, and freedom of religion, is for the greater good. Words are just words, and we often pay just a little too much attention to potty mouths when, in my opinion, freedom of speech's core function is to never supress the expression of ideas. Seems to me that all to often, supressing something out of fear as vulgar, wrong, or idiotic does nothing but strengthen it's position. It is almost as if americans innate distrust of authority transfers in to intellectual curiousity of the forbidden. I say get it all out in the open, every idea, and let it get debated on it's merit.0 -
I knew after I wrote "greater good of society", that it probably wasn't the best phrase. I even tried to add an additional explanation after I reviewed it before posting, but I just wanted to put it out there. I understand the concerns expressed about that, and I guess defining "greater good" is something that needs to be part of the discussion.
As I wrote, I did not mean "greater good" to mean some vague, easily-implemented justification for stifling personal beliefs and freedom. It was more the idea that, at least in the US, we have common laws and practices, defined by the Constitution, and further refined by legal precedent, that supercede the increasing claims of "absolute freedom" by religious followers and other special-interest groups.
That's not the only theme of the debate, but I think it's one of more important.
The values of our society as a whole are not defined by any one group's beliefs--whether ideological or religious. I think that as long as people act within their homes, and within the structure of their groups, then they have greater claims to absolute freedom. But as they move into the larger world, then the codes, regulations, laws, etc, that are derived from our founding legal documents, begin to take greater precedence.
IMO, you can run your church any way you want, but when you move into the general society as a business--such as a hospital or a university--with a diverse group of people as employees, then you no longer have the right to enforce your religious beliefs without limits or interference. You cannot pick and choose which laws you want to follow, when those laws apply to all businesses and institutions.
As an adult, you have the right to refuse medical treatment according to your religious beliefs, But since those beliefs often are contrary to what science and research have shown to be the best practice to ensure health, you cannot deny medical treatment to your children. ( I think that's how most laws read).
That's more what I meant by "general good".
I got what you were trying to say. But a lot of times many of these solutions to these problems have a side unexplored. When you look at the example of yelling fire in a movie theater, it is apparent that in this case that the person yelling is having his freedom of speech supressed in this case. But it is because not only is he jeapordizing safety, which is the common justification for it, but in fact he is stifling freedom of speech with his actions. I just bought a ticket to a movie with my money. I want to hear what that movie has to say. The people who made that movie wants me to hear their words and see their film. The prankster yelling "fire" has taken one of his liberties and used it to cancel out anothers, so he is wrong.
But if we are going to use the words, "the greater good", civil liberties, freedom of speech, and freedom of religion, is for the greater good. Words are just words, and we often pay just a little too much attention to potty mouths when, in my opinion, freedom of speech's core function is to never supress the expression of ideas. Seems to me that all to often, supressing something out of fear as vulgar, wrong, or idiotic does nothing but strengthen it's position. It is almost as if americans innate distrust of authority transfers in to intellectual curiousity of the forbidden. I say get it all out in the open, every idea, and let it get debated on it's merit.
Freedom of speech, in my opinion, surpasses the right you have to view the movie. Yelling fire in a movie theater, to the extent that it could cause a panic that would directly endanger other movie goers, could be seen as criminal. Talking during a movie, while annoying as hell, cannot. The's the problem with the 'greater good'. It has to have VERY clearly defined limits.0 -
We can't interact with other people without affecting them in some way. It could be a small or large change, but we do affect other people. On top of that, we're social creatures by nature. So this tension between personal freedoms and doing what's best for everyone is kind of an inevitable paradox. I happen to think that we're never going to agree on value judgments ( what constitutes "good" or "bad" changes along with "small" or "large" changes). All we can really do is try to come to some sort of agreed understanding about what's happening.
If we look at the video game example, instead of talking about doing what's "good" for our kids--a functionally useless statement, if not an important concept--we talk about what video games actual do. The research behind video game violence affecting children is frequently pretty crappy.
Another example: helmet laws and/or fat taxes. The arguments generally go that we should regulate helmet use and attempt to encourage people to eat better because both affect other people we because we're all part of the healthcare/insurance markets. The extent to which we're actually affecting other people, however, is extremely complex and hard to quantify. And even if you do quantify it, it's saddled with so much context that most people just stop listening.0 -
We can't interact with other people without affecting them in some way. It could be a small or large change, but we do affect other people. On top of that, we're social creatures by nature. So this tension between personal freedoms and doing what's best for everyone is kind of an inevitable paradox. I happen to think that we're never going to agree on value judgments ( what constitutes "good" or "bad" changes along with "small" or "large" changes). All we can really do is try to come to some sort of agreed understanding about what's happening.
If we look at the video game example, instead of talking about doing what's "good" for our kids--a functionally useless statement, if not an important concept--we talk about what video games actual do. The research behind video game violence affecting children is frequently pretty crappy.
Another example: helmet laws and/or fat taxes. The arguments generally go that we should regulate helmet use and attempt to encourage people to eat better because both affect other people we because we're all part of the healthcare/insurance markets. The extent to which we're actually affecting other people, however, is extremely complex and hard to quantify. And even if you do quantify it, it's saddled with so much context that most people just stop listening.
Random: I read today that playing video games has a better success rate for treating depression than counseling.
http://scopeblog.stanford.edu/2012/04/20/study-shows-gaming-may-be-helpful-in-treating-teen-depression/
But I have to agree with your statement that most cases the greater good being effected by one's personal liberties is highly unlikely.0 -
We can't interact with other people without affecting them in some way. It could be a small or large change, but we do affect other people. On top of that, we're social creatures by nature. So this tension between personal freedoms and doing what's best for everyone is kind of an inevitable paradox. I happen to think that we're never going to agree on value judgments ( what constitutes "good" or "bad" changes along with "small" or "large" changes). All we can really do is try to come to some sort of agreed understanding about what's happening.
If we look at the video game example, instead of talking about doing what's "good" for our kids--a functionally useless statement, if not an important concept--we talk about what video games actual do. The research behind video game violence affecting children is frequently pretty crappy.
Another example: helmet laws and/or fat taxes. The arguments generally go that we should regulate helmet use and attempt to encourage people to eat better because both affect other people we because we're all part of the healthcare/insurance markets. The extent to which we're actually affecting other people, however, is extremely complex and hard to quantify. And even if you do quantify it, it's saddled with so much context that most people just stop listening.
Random: I read today that playing video games has a better success rate for treating depression than counseling.
http://scopeblog.stanford.edu/2012/04/20/study-shows-gaming-may-be-helpful-in-treating-teen-depression/
But I have to agree with your statement that most cases the greater good being effected by one's personal liberties is highly unlikely.
Interesting. That is not at all what I intended to communicate : ). I think the ways in which we express our personal liberties probably have a tremendous, and usually hidden, effect on the greater good, however we wish to define it.0 -
Really?
TIL:you can follow religious beliefs that call for women to cover their faces in public, but cannot refuse to uncover to take a driver's license ID photo.
I would imagine very few women who follow these practices would have the freedom to drive alone anyway, but this was a surprise to me.0 -
Really?
TIL:you can follow religious beliefs that call for women to cover their faces in public, but cannot refuse to uncover to take a driver's license ID photo.
I would imagine very few women who follow these practices would have the freedom to drive alone anyway, but this was a surprise to me.
IIRC, a lawsuit was filed some years ago (in Florida?) over this issue (and dismissed fairly quickly). I really brought it up because it was such an obvious example (to me) of a justifiable curtailment of religious liberty and so that people wouldn't automatically assume I was bashing christians.0 -
We can't interact with other people without affecting them in some way. It could be a small or large change, but we do affect other people. On top of that, we're social creatures by nature. So this tension between personal freedoms and doing what's best for everyone is kind of an inevitable paradox. I happen to think that we're never going to agree on value judgments ( what constitutes "good" or "bad" changes along with "small" or "large" changes). All we can really do is try to come to some sort of agreed understanding about what's happening.
If we look at the video game example, instead of talking about doing what's "good" for our kids--a functionally useless statement, if not an important concept--we talk about what video games actual do. The research behind video game violence affecting children is frequently pretty crappy.
Another example: helmet laws and/or fat taxes. The arguments generally go that we should regulate helmet use and attempt to encourage people to eat better because both affect other people we because we're all part of the healthcare/insurance markets. The extent to which we're actually affecting other people, however, is extremely complex and hard to quantify. And even if you do quantify it, it's saddled with so much context that most people just stop listening.
Random: I read today that playing video games has a better success rate for treating depression than counseling.
http://scopeblog.stanford.edu/2012/04/20/study-shows-gaming-may-be-helpful-in-treating-teen-depression/
But I have to agree with your statement that most cases the greater good being effected by one's personal liberties is highly unlikely.
Interesting. That is not at all what I intended to communicate : ). I think the ways in which we express our personal liberties probably have a tremendous, and usually hidden, effect on the greater good, however we wish to define it.
Oh, well I suppose I misunderstood. :laugh:0 -
Great discussion topic and I must just dive in! Your example to "walk around naked in your house, but not down the street…" with the emphasis on the word "in" made me laugh out loud for a couple of reasons.
In a nearby town, a 53-year old woman famous for us locals refuses to dress from the waist up when she is anywhere ON her property, and she likes to spend hours watering her front garden. :happy: The only exception to this for her is inclement weather. She has been taken to court a couple of times and each time she prevails. Why? Because in my neck of the woods, fairness wins out more often than etiquette and her argument that men are allowed in public places to jog or walk or otherwise cavort topless and why not women wins the day. This woman's home is on the direct route to the best doggie play park so this summer we have had interesting conversations about her propriety with the grandkids. I'm afraid of what deviance I may be instilling in them!
Exactly whose liberty and independence is violated by a person au naturale, a person more physically vulnerable I argue than anyone else? The only true consequence to such action is social disapprobation and all of the individual American laws out to prohibit it serve only taste and manners and some form or interpretation of godly shame. Or, perhaps, nudity would empty too many closets, shut down too many stores, focus our eyes on something other than fashion and the markets. Does that idea seem too far out there?
Bottom-line (pun intended), why should the limits on the Freedom of Speech and Religion and Assembly increase the further away one moves into society and yet the Market can move anywhere virtually willy-nilly? Wait, oh, that's right, we have no explicit limitation on Freedom of Markets because in our national heart of hearts, so deep that most of us don't even know it lurks, we believe that markets have an unlimited right to speak and grow and prosper over and above the rights of any group or individual. A nice comparison to illustrate this: In Canada just this year, students have taken to the streets to protest a measly $325 tuition increase and in England two years ago street protests in the thousands over higher-ed costs grew violent. Yet in the United States students (and their parents) willingly and meekly agree to and pay much higher tuition increases each year than the people in either of these countries. Why? What is the difference?
Whether rightly or wrongly, I suspect that our neighbors to the north and across the pond do NOT accept the basic assumption to the extent that we Americans do that markets should have the right to unconstrained freedom. I also suspect that the conflicts that arise in America in conjunction with the First Amendment, especially as you have noted happen with religious speech, have more to do with the hidden but embedded Market Freedom that this society holds as sacred. :ohwell:
Just some random thoughts. . .probably too far "out there", I realize but hopefully valid.
(Due to a more than full-time university class schedule, I'm able to read posts but often cannot comment these days due to lack of time! :ohwell: I will try to keep up as I can.)
-Debra0 -
Really?
TIL:you can follow religious beliefs that call for women to cover their faces in public, but cannot refuse to uncover to take a driver's license ID photo.
I would imagine very few women who follow these practices would have the freedom to drive alone anyway, but this was a surprise to me.
I happen to attend classes with more than a dozen international Muslim students, male and female. First off, the variety of dress style used by praticing Muslim women is creative. It's not all full-body burkas and black, by no means! Also, these young women, coming from money obviously, not only drive alone or with their girl pals, they drive SUV's and 4-wheelers!!! I smile every time I see them in their various headscraves in their BIG vehicles and imagine that these are the women who will return to their homes in Saudi Arabia or other middle eastern or central asian country and will be the drivers for their more provencial friends to protests! Wishful thinking, I know but. . .these Muslim women drive alone and and quite independently here in this one state anyway.
-Debra0 -
perhaps I'm wrong, but I find a huge distinction between the level of personal freedom enjoyed by a muslim woman who wears only a head scarf, and one who covers her face as well as everything else. When I was a child, we had a neighbor who wore a covering over every part of herself, except her eyes and hands. She wasn't permitted to go anywhere without her husband or his brother. She was very nice to us, and her children played with us, but they couldn't come inside our home. They were not allowed to go to our house because we had a dog. Even as a child, I perceived her to be treated as her husband's property.
eta: I'm 100% ignorant about the differences between Muslim women's covering choices. I am only aware that some women cover only their hair and dress modestly, while other women cover everything except their eyes. My perception is the more covered they are, the fewer independent/personal freedoms they have.0 -
Great discussion topic and I must just dive in! Your example to "walk around naked in your house, but not down the street…" with the emphasis on the word "in" made me laugh out loud for a couple of reasons.
In a nearby town, a 53-year old woman famous for us locals refuses to dress from the waist up when she is anywhere ON her property, and she likes to spend hours watering her front garden. :happy: The only exception to this for her is inclement weather. She has been taken to court a couple of times and each time she prevails. Why? Because in my neck of the woods, fairness wins out more often than etiquette and her argument that men are allowed in public places to jog or walk or otherwise cavort topless and why not women wins the day. This woman's home is on the direct route to the best doggie play park so this summer we have had interesting conversations about her propriety with the grandkids. I'm afraid of what deviance I may be instilling in them!
Exactly whose liberty and independence is violated by a person au naturale, a person more physically vulnerable I argue than anyone else? The only true consequence to such action is social disapprobation and all of the individual American laws out to prohibit it serve only taste and manners and some form or interpretation of godly shame. Or, perhaps, nudity would empty too many closets, shut down too many stores, focus our eyes on something other than fashion and the markets. Does that idea seem too far out there?
Bottom-line (pun intended), why should the limits on the Freedom of Speech and Religion and Assembly increase the further away one moves into society and yet the Market can move anywhere virtually willy-nilly? Wait, oh, that's right, we have no explicit limitation on Freedom of Markets because in our national heart of hearts, so deep that most of us don't even know it lurks, we believe that markets have an unlimited right to speak and grow and prosper over and above the rights of any group or individual. A nice comparison to illustrate this: In Canada just this year, students have taken to the streets to protest a measly $325 tuition increase and in England two years ago street protests in the thousands over higher-ed costs grew violent. Yet in the United States students (and their parents) willingly and meekly agree to and pay much higher tuition increases each year than the people in either of these countries. Why? What is the difference?
Whether rightly or wrongly, I suspect that our neighbors to the north and across the pond do NOT accept the basic assumption to the extent that we Americans do that markets should have the right to unconstrained freedom. I also suspect that the conflicts that arise in America in conjunction with the First Amendment, especially as you have noted happen with religious speech, have more to do with the hidden but embedded Market Freedom that this society holds as sacred. :ohwell:
Just some random thoughts. . .probably too far "out there", I realize but hopefully valid.
(Due to a more than full-time university class schedule, I'm able to read posts but often cannot comment these days due to lack of time! :ohwell: I will try to keep up as I can.)
-Debra
I think one difference between education in Canada and Britian are the fact that they are heavily state subsidized... unlike here, where the actual states may subsidize them more heavily through state taxes (a contrast seen between tuition rates of Oklahoma and Texas) or grants from the federal government... But there are stark differences between how we subsidize public education and that is probably why Canadians and Britians all rioted... they had essentially already paid the tution bill (with an exception of about ~$1000 or so a year) over the course of their childrens life and now were being asked to pay more... where as here, we have a more "pay as you go" philosophy... yeah, we have taxes that pay for colleges and universities (depending on the County and State you live in)... but nowhere near to the levels of Canada and Britian I would bet.0 -
So what do you think should be the limits, if any, on individual liberty/personal freedom?
To answer your question, it is my personal belief that it is FAR better as a society to allow people to air their grievances and not be punished for it than to suppress, even if those grievances are reprehensible. Allowing people the right to express themselves even if their thoughts are morally repugnant publicly without suppression from the government or punishment allows people to feel as though they can work within the system instead of going underground and subverting the system or resorting to violence in order to get their point across.
The only limitations I think are appropriate are ones that prohibit the incitement of violence against anyone else's property or person and/or those that prohibit libel or slander.0 -
So what do you think should be the limits, if any, on individual liberty/personal freedom?
To answer your question, it is my personal belief that it is FAR better as a society to allow people to air their grievances and not be punished for it than to suppress, even if those grievances are reprehensible. Allowing people the right to express themselves even if their thoughts are morally repugnant publicly without suppression from the government or punishment allows people to feel as though they can work within the system instead of going underground and subverting the system or resorting to violence in order to get their point across.
The only limitations I think are appropriate are ones that prohibit the incitement of violence against anyone else's property or person and/or those that prohibit libel or slander.
Where do you draw the line at incitement though? Direct only? How about indirect? How about staging boycotts and such as that's not physical violence but is an economic attack? Not saying your wrong, just that the line needs to be VERY clear. It might seem to be obvious, but I'm convinced even a tiny grey area is too much.0 -
So what do you think should be the limits, if any, on individual liberty/personal freedom?
To answer your question, it is my personal belief that it is FAR better as a society to allow people to air their grievances and not be punished for it than to suppress, even if those grievances are reprehensible. Allowing people the right to express themselves even if their thoughts are morally repugnant publicly without suppression from the government or punishment allows people to feel as though they can work within the system instead of going underground and subverting the system or resorting to violence in order to get their point across.
The only limitations I think are appropriate are ones that prohibit the incitement of violence against anyone else's property or person and/or those that prohibit libel or slander.
Where do you draw the line at incitement though? Direct only? How about indirect? How about staging boycotts and such as that's not physical violence but is an economic attack? Not saying your wrong, just that the line needs to be VERY clear. It might seem to be obvious, but I'm convinced even a tiny grey area is too much.
Any direct incitement to violence (calling for murder, rape, beatings, etc. of another person or people and/or vandalism, pillaging, etc. of property) WITH the intent that these acts should be committed should be punishable as a criminal act. Otherwise, the guy who told someone to go kill his wife for him (and had clear intent that this is what he really wanted) could be protected by free speech. Staging boycotts is not inherently inciting violence. Now, if the protest group SAYS to destroy property or cause physical harm to another person, that would qualify as inciting violence. Causing economic damage as a result of a peaceful protest through legal means I would not call violent at all. In fact, I think those channels of peaceful boycotting need to remain legally open as a method for people to act on their beliefs in a nonviolent and organized way. People don't suddenly stop believing in a strong conviction because they are suppressed. Often suppression leads to violence and subversion, but while legal channels exist as outlets, those violent and subversive tactics become less appealing since there are legal means by which a person can act on their beliefs as long as they don't cause physical harm to another person or damage private property.
As for indirect, that is a grey area whether you like it or not. Language, insinuation, and tone are very subtle things, and while the tone of a message may seem to be violent to one person, it may not to another. In those cases, supporting evidence or direct documentation of meaning would be necessary to determine the intent of the statements to determine if they qualify as an incitement to violence or not. For example, if I make some indirect backhanded comment about wanting to kill my husband, but if I made no other comments of that nature or acted in any way to bring about that murder, it would be difficult to prove that I had any intent or expectation to follow through with the threat. Now, if I made plans to hire a hitman AND said that I wanted to kill my husband, that would be entirely different. The intent is clearly not the same.0 -
I'll start with, I agree with you.
But to play devil's advocate, what about the person who says 'someone should go and kill those people' over and over? There's a guy who stands outside one of the lecture halls at the university. Religious fanatic. Spends all his time talking about how the fornicators and alcoholics of Penn State are going to burn in hell and belong there and yadda yadda yadda. That's an indirect call, no? Is it really only when it's a command?0 -
I'll start with, I agree with you.
But to play devil's advocate, what about the person who says 'someone should go and kill those people' over and over? There's a guy who stands outside one of the lecture halls at the university. Religious fanatic. Spends all his time talking about how the fornicators and alcoholics of Penn State are going to burn in hell and belong there and yadda yadda yadda. That's an indirect call, no? Is it really only when it's a command?
I guess I'll just go back to the Brandenburg test established by the SCOTUS, as I stated in my OP-- that government cannot punish inflammatory speech unless that speech is directed to inciting, and is likely to incite, imminent lawless action.
So just advocating punishment, or even the overthrow of the government using violence, is not speech that can be suppressed, unless it is direct incitement--say, someone urging on a lynch mob.0 -
I'll start with, I agree with you.
But to play devil's advocate, what about the person who says 'someone should go and kill those people' over and over? There's a guy who stands outside one of the lecture halls at the university. Religious fanatic. Spends all his time talking about how the fornicators and alcoholics of Penn State are going to burn in hell and belong there and yadda yadda yadda. That's an indirect call, no? Is it really only when it's a command?
The question isn't if it's a command or not. The question is, "Does he have the real and immediate expectation that someone who is following his words will go kill these people?" That's the legal question to be answered in that situation. In the case of someone with a serious medical or psychological issue, that intent isn't always clear since they may or may not have the mental capacity to form complex informed intent.
Now, just to throw back out another situation. Let's look at Anders Behring Breivik, the man who killed 69 people in Norway last year. His actions gave clear intent that his calls for violence and the murder of the people he called, "the enemy," namely muslims in Norway and those in government who he saw as "catering" to them, were done with the clear intent to cause the murder of more people. That is a criminal act. He was not declared insane or otherwise mentally incapable of making this type of comment also.0 -
To me, the overall answer is clear-cut, although not always evident in each individual case. That is that the exercise of one's personal freedom cannot infringe upon the freedom of others and that, in a complex society, the greater good of society must be considered along with the rights of the individual.
This can never work because 'someone' has to decide which is the greater good. An elected official? A court? No thank you. I don't want a crooked or bribed person deciding that the rights of society to do something are more important than my rights as an individual.
Every time you drive down the road and obey the speed limit for fear of a traffic ticket, you are submitting to just this system.
Extending common sense greater good policies to the economy is just as logical. And yes, just as prone to corruption, to exceptions made for the wealthy and powerful, and to its own form of 'speed traps'. The philosophy is every bit as sound when applied to other areas as to our roads, but as to the implementation, you're correct, that can get hairy.0