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Personal freedoms

Now John's out of prison, he's determined to go straight. | Definitions and Examples | Definitions and Examples | Civil and criminal law | Courts in Scotland and Northern Ireland | Criminal justice | Courts and crimes | The British police | GANGS: Machiavelli’s Descendants | Law to deter attackers |


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In Britain and the US the most basic rights include freedom of expression (= freedom to say or write anything), freedom of choice (= freedom to make decisions about your own life) and freedom of worship (= freedom to practise any religion). Freedom of expression does not imply complete freedom for people to say what they like. In the US the First Amendment protects freedom of speech and of the press but the courts, especially the Supreme Court, decide how it should be applied. For instance, a newspaper is not allowed to print something bad about a person that is known not to be true: this is libel. The courts do not practise prior restraint, i.e. they cannot stop a newspaper fromprinting something, but they can punish the newspaper afterwards. However in a few cases, e.g. when national security is involved, the courts may order newspapers not to print a report.

The right to free speech in the US has not always been respected. In the 1950s, when McCarthyism was at its height, people who were suspected of being Communists were called before Congress to answer questions. People who used their right to free speech and said they believed in Communism, or who took the Fifth, i.e. used their right under the Fifth Amendment not to give evidence against themselves, often lost their jobs or went to prison.

The Supreme Court has ruled that certain actions are symbolic speech. During the Vietnam War some people burned the American flag to indicate their disagreement with the war. This was seen as symbolic speech and many Americans thought it should be limited.

Censorship of the press was ended in Britain in the 1960s, and newspapers and television com­panies are expected to behave responsibly. In 1988 the publication of Selman Rushdie's novel The Satanic Verses, which was considered insulting by followers of Islam, led to a fierce debate about freedom of artistic expression. Some people thought the author had been foolish to write things whichhe knew wouldcause offence, but many strongly defended his right to free expression.

Legal rights

Many freedoms, such as freedom of choice, are linked with specific rights that can be enforced by law. These include the right of equal opportunity (= the right to be treated the same as others, regardless of race, sex, etc.). This right is enforced in Britain through Race Relations Acts and the Sex Discrimination Act. In the US the civil rights movement of the 1960s influenced the making of new laws to protect the rights of minority groups, especially African Americans. In 1972 an Equal Rights Amendment, which would have given women the same rights and opportunities as men, failed to get the support of enough states to be passed. Later, however, several laws were passed making it illegal to discriminate against women.

People in Britain and the US have a much valued right to privacy. For instance, the police have to obtain permission to enter a person's house or stop them in the street without good cause. The US Freedom of Information Act and the British Data Protection Act allow a person access to information held about them on a computer and the opportunity to correct it if it is wrong.

If aperson breaks the lawhe or she still has rights that the law is expected to defend. In the US several amendments to the Constitution deal specifically with the rights of people suspected or accused of a crime. In Britain, a person detained by the police has a right to be released if he or she is not charged within 24 hours. As in the US, people also have the right to remain silent. The police are heavily criticized if these rights are infringed.

In the US an individual's right to own weapons continues to cause disagreement. When this right was included in the Second Amendment, America had just finished fighting for independence. Since the USdid not want to keep a permanent army its defence in the case of future attacks depended on ordinary people having weapons. Many people believe that since the US does now have a pro­fessional army individuals do not need guns, and that the interpretation of the amendment should take account of the modern situation. But others want to keep the right to have weapons and resist any changes to the law.

Privacy

The British value their privacy (= having a part of their life that is not known to other people) and he believe that everyone has a right to a private life. Most British people like to 'keep themselves to themselves' and do not discuss their private affairs. Things people like to keep private vary but may in include personal relationships, family problems, how much they earn, their health, their political opinions, and sometimes what they do in their free time It is considered rude to ask somebody about their private life, even if you know them well.

There is a traditional saying: “An Englishman’s home is his castle”, i.e. a private place where he can behave as he wishes. People hang lace curtains or blinds in their windows, or plant bushes in their gardens, to prevent others from seeing inside. However, some people are very curious about other people's lives. Nosy neighbours, sometimes called Nosy Parkers, peep out from behind their own cur­tains to see what others are doing. When several people share a house, each person's room is considered their own private place, and anyone else is expected to knock before entering. A person's pri­vate space often includes their car, and because of this people often do not like to give lifts to others.

In the US the Constitution protects people's right to privacy. A police officer has no power to stop people and ask them what they are doing unless they have committed a crime. Information about people can be shown to others only under special circumstances, and usually only with their permission. When newspapers print details about the family life of a politician or film actor they are often criticized for invasion of privacy. On the other hand, actors and politicians tell the press about their family life for publicity reasons, and ordinary Americans appear on television talk shows where they discuss their bad marriages, health problems and how they cannot control their children. The apparent contradiction in attitudes may be explained by the fact that Americans believe strongly in the right to privacy, but as long as that right is respected, they are happy to give it up. They believe it is better to be open and honest than to have secrets. The British may be less willing than Americans to talk about their own lives but they have an equally strong desire to know about the private lives of famous people. There is a constant argument, for instance, about the extent to which the media should be allowed to report the pri­vate lives of members of the royal family.

Not all Americans tell the world everything about their lives. Money and sex are rarely discussed. Hus­bands and wives usually know how much each other earns, but other family members do not. People may say how much they paid for something, especially if the price was low, but asking somebody else how much they paid is acceptable only for small things, not a house or a car. In general people are happier offering information than being asked for it.

Being given advice can also disturb an American's sense of privacy. If somebody gives them advice it suggests that that person can solve their problem belter than they can themselves. When offering ad­vice, people use indirect language, and instead of saying “You should do this,” they may say “I tried doing this, and it worked for me”.

 


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