From My Corner: May 8, 2020

Losing our Freedom

It was exactly one year ago that the American Bar Association published the results of a survey entitled “Losing Our Core Freedoms By Not Knowing We Have Them,” by Gene Policinski, in recognition of May 1st, National Law Day. The findings are astounding: “Many — sometimes a majority — of us get our rights ‘wrong.'” They consider this as very dangerous for “history tells us that if we are not aware of our freedoms, it is that much easier to lose them.”

These are some of their findings:

  • 18 percent don’t know the freedom of the press or the freedom of assembly are elements of the First Amendment;
  • 30 percent of respondents believe freedom of speech applies only to U.S. citizens rather than correctly to all in this nation;
  • 23 percent said Ruth Bader Ginsburg is chief justice of the U.S. Supreme Court; just 49 percent correctly said it’s John Roberts;
  • 18 percent thought the first 10 amendments to the U.S. Constitution are called the Declaration of Independence; 75 percent correctly identified them as the Bill of Rights.

 

While the majority of the people surveyed see no problem in openly criticizing public officials, many opposed the idea. Another error was the belief that there is no free speech right under the First Amendment to burn a U.S. flag in political protest. In 1989, the Texas Supreme Court agreed that “setting up flag burning as a demonstration to the world of our commitment to freedom of expression.”  The criticism and the flag-burning are protected by the Constitution.

That brings me to current times when so many people are claiming their “rights” are being trampled on. What bothers me most is that no one questions if this is a violation of our rights, but submissively obey.  Today, measures have been taken like laws for the sake of the coronavirus and your health – leading to abuses. 

A good example is a decision this week by a Federal Judge in Massachusetts declaring that gun stores should open because Governor Charlie Baker’s order violates the public’s Second Amendment Right.

A gun shop may not be an “essential business” as we understand it but the moment you interfere with something constitutionally granted, that’s infringing on our rights. The judge set a rule for them to open and that is not to have more than four customers in one hour due to the COVID-19 crisis.

The Governor and many politicians believe that if they issue the order and let the proletariat appeal it – they will be ahead of the game… it takes time and money to appeal an order in court.

The mayor of Los Angeles threatened to shut off power and water on businesses violating coronavirus orders. Why not giving them just a fine?

In Texas, a woman dared open her beauty salon and she was sentenced to 7 days in jail and a $7,000 fine for not apologizing to the judge. The lieutenant governor of the state paid for the fine because he believed the judge over-extended his authority and the governor ordered her release from jail.

Golf courses were not in operation due to the virus but I cannot think of any other activity where social distancing is not an issue. Why couldn’t people go lose a few balls?

Possibly one of the heart-breaking situations is at the cemetery. Luis Piñeyro, the pastor of Capilla Evangelica Hispana in Lawrence, tells me about the difficulties for families who cannot perform a burial at will. Many funeral directors demand that he performs the committal service while everyone stays in the car.

Why they are not allowed to get out of the car and maintain “social distancing”?

And there have been some irrational decisions; perhaps some politicians let the power go to their heads while trying to get their way and didn’t stop to think if they were overdoing it. That happened in Kentucky. A pastor made arrangements with a radio station so that members of his church could come to the parking lot, and from inside their cars, listen to his service on the radio.

The local police came and issued a $500 fine to each car for gathering in the church.  If that’s not abuse, I don’t know what you call it.

In Tampa, Florida, another pastor was also fined $500 for having “unlawful assembly and violation of public health emergency rules. The local sheriff arrested and jailed Dr. Rodney Howard Browne and told him that he was facing a 60-day sentence.

Pastor Tony Spell of Life Tabernacle Church in Louisiana had been advised that the law prohibits gatherings of more than 10 people and the Sunday he was arrested 1,265 members went to his church. Each violation carries a maximum penalty of six months in jail and a $500 fine. 

In the case of closing gun shops, gun owners have NRA staff Counsel available to prepare and present a court challenge.  The Catholic Church has the same firepower – but doesn’t like to be so public in their “opposition” to any government – they need to remain “tax-free.”

I understand how serious COVID-19 is but religion is “essential” providing comfort at this moment when there’s so much sadness, fear, and uncertainty. 

Perhaps a more lenient, accommodating manner to attend should have been planned ahead of time instead of being so tyrannical. 

 

The “new normal”

Last week I wrote about how this pandemic might change the culture of this country (or the entire world) and I am looking forward to that because we have learned how to do lots of new things in new ways. Employers have found new ways to work and new jobs have been created. 

But, if I hear the words “new normal” once more, I’m going to scream!

What do they mean by the “new normal”? No one has said what it is, although I’ve heard about New York’s plans to completely overhaul the state’s school system with the help of Bill Gates. That doesn’t impress me because they are not educators. 

The Gates Foundation can buy all the teachers they want but it still sounds too radical to me.

California governor also announced that their school system will be “dramatically different” with changes as staggered school schedules, and changes to assemblies, physical education, and recess.

And, sporting events and stadiums will play without an audience.

I agree with wearing the mask when stepping out because of the need to protect myself; the real problem is the need to educate the population instead of being dictatorial. Yes, our rights are being trampled on and we are freedom-loving people. 

My fear rests on how long would it last or is the government slowly taking over every aspect of our lives and when we realize we’ve been had, it will be too late. There’s no other country to run to.

 

Freedom of the Press

By Jaume Catalán Díaz

Democracy is a regime of public opinion that requires for its proper functioning a free press that controls the public powers, something that unfortunately rarely occurs even in the most democratic countries.