Still land of the free?

July 3, 2008
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Tomorrow is the Fourth of July, a celebration of America’s birthday and all the freedoms we have as American citizens. The U.S. is the “land of the free,” but it sometimes feels like it’s slowly turning into the “land of the free – in certain circumstances.”

We are afforded certain unalienable rights by our Constitution, but is one of them the right to smoke? Smoking bans are happening across the country. Depending on where you live in Indiana, you may not be able to smoke in any public building or smoking bans may be limited to those buildings that admit minors. What justification does the government have now for limiting people’s rights to smoke a cigarette when 50 years ago, people could smoke in the workplace, on television, and just about anywhere they pleased.

States have passed laws telling us that we can’t use our cell phones when driving or we are only allowed to use a hands-free set. States argue it’s for the safety of everyone on the roads, but then why aren’t there laws banning applying makeup while driving, eating while driving, or singing at the top of your lungs to your radio? Those things can be distracting to drivers as well.

Some laws may have good intentions – to protect minors from obscene material – but are overbroad, such as the law struck down Tuesday in the U.S. District Court for the Southern District of Indiana, Indianapolis Division. House Enrolled Act 1042 wanted to protect kids and communities from materials that are considered obscene, but the law actually violated First Amendment rights, according to the judge on the case.

Then there are the people who protest Victoria’s Secret stores’ displays of mannequins wearing lingerie. The protesters believe these scantily clad plastic figures erode the morals of society and negatively influence their children. Instead of either avoiding the store when they are with their children, explaining that the mannequins are dressed the way they are because it’s a lingerie store, or actually discussing the birds and the bees with their children, the protesters want the government to step in and cover up the mannequins.

How far is too far for the government to step in and begin to micromanage Americans’ lives? Are we still the land of the free or are we less free than we were when the country was founded?

The IL staff will be out of the office for the Fourth of July, but we’ll be back Monday with a new post.
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  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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