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by Anonymous on September 20th, 2005

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What US document grants us the "freedom to speak anything we want to, freedom for anyone to possess and use guns, the right to keep our government and religion apart"?

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  • by lynnenorth on November 27th, 2005

    lynnenorth

    Actually, there is no document which specifically grants "Freedom to speak anything we want to, freedom for anyone to possess and use guns". For example, libel, slander, and incitement to riot or treason are all quite specifically criminal, and are not protected; you cannot speak "anything you want to", or at least, you cannot do so without facing legal consequences. Also, most publications are held to have a responsibility not to convey libellous or treasonous speech, so one could face quite legitimate and legal censorship on those grounds. Furthermore, doing something like yelling "Fire!" in a crowded theater, when there isn't one, can be prosecuted as criminal mischief.

    Also, as the Bill of Rights answer quite clearly conveys, the right to bear arms specifically refers to "a well regulated militia" -- which does not mean anyone under the sun. In general, it is regarded as a bad idea to allow guns to those who are mentally ill, cognitively disabled in some way, or who have a demonstrated violent criminal history. There is no document which guarantees that such people have the right to own guns, nor would anything developed in the law since then support it.

    As for, "the right to keep our government and religion apart" -- the Amendment 1 clause regarding the establishment of religion is generally taken to mean, not only shall government refrain from outlawing any religion, neither shall it specifically endorse any religion. The Founding Fathers had more than enough example from Europe of just how badly wrong things went when government involved itself in religion and "took sides"; it is clear from their other writings and letters that they wanted government to stay out of the business of religion altogether. In the modern day, this is taken to mean, don't spend Federal dollars in support of any religion, do not use religion in the establishment of law, and do not promote any religion in state-funded schools (as this constitutes an implicit endorsement of a specific religion). This does NOT actually mean that people cannot mention God in schools or courtrooms, or pray there; it just means the people in charge should not do this or require it, as they are acting as representatives of the institutions. However, it would be equally un-Constitutional to forbid the practice of any religion altogether, in federal buildings or elsewhere.

    Comments

    • In the USA's case to be modern they've lost the element of freedom in schools and other places.

      Alatea

      by Alatea on December 18th, 2005

    • Mostly true, though I don't think taking everything mentioning God they'd put in government was quite what they had in mind

      Joshua Zambrano

      by Joshua Zambrano on February 6th, 2006

    • Amendment 2 does REFER to "a well-regulated militia." But it specifically does not LIMIT the inherent RIGHT to bear arms to members of any militia.
      Remember that in 1789 every "militia" comprised the male citizens of the place where they lived.

      Sandman

      by Sandman on October 2nd, 2009

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