Saturday, March 24, 2012

The Perfect Amount of Rights

As Americans, we are told that we have freedoms. These include the freedom of assembly, the freedom of press, and  privacy from unreasonable search and seizure. Many Americans claim that they do not have enough rights, while others claim the opposite, but there is no reason to complain when they truly have the correct amount of rights.

One example of this, is the right to the freedom of assembly. Groups of all kinds are able to assemble in public and hold meetings. These include the Westboro Baptist Church and the KKK, both which are widely disliked. The first amendment gives these groups along with the well liked groups and all in between. Some might ask why are the bad groups allowed to conjure together and meet in public? These groups are allowed to meet as long as they do not practice or directly discuss violence in public. Groups are allowed to meet but are not allowed to be violent which is the perfect equilibrium for groups every where.

Another example of the perfect amount of rights is also within the 1st amendment, the freedom of press. People have the freedom of speech but can exercise it in writing form. There are restrictions to this though, such as libel or slander. This is shown through the Supreme Court case Kuhlmeier vs Hazelwood where 2 articles written by students for a school newspaper were denied access into the paper because of their content. The articles were written about touchy subjects and the school did not want that publicity. They had the right to do this because it was an accredited class. This further pushes the argument that you do have freedom of the press but there is restrictions that can be taken when writing for certain things. This is the perfect amount of rights for this right and should not be changed.

Finally, Americans are protected from unreasonable searches and seizures. But if there is reasonable suspicion then certain people, such as school officials can search a student when a police officer would need reasonable suspicion to be able to search that same student. If a school official was told that a student had something illegal then that student could be searched but a police officer could not search that student unless something is seen. This is shown in the case TLO vs New Jersey, where a 14 year old student was found smoking in the bathroom which created reasonable suspicion to search for cigarettes, when searching for cigarettes they found rolling papers, this created reasonable suspicion to search for marijuana. The student was found guilty correctly and the school demonstrated that people have their rights but only up to a certain point. Once you create reasonable suspicion you lose some rights which is completely reasonable and shows that Americans have the perfect amount of rights currently.

In short, Americans have the perfect amount of rights and most of the rights have been changed or justified so far as they see fit and so that America can be as good as possible


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