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. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.