Still land of the free?

July 3, 2008
Back to TopCommentsE-mailPrintBookmark and Share
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.
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

ADVERTISEMENT