Civil Discourse

I have read the Constitution and the Bill of Rights a few times. I am a big fan of the Bill of Rights, and have had debates about it. Yet for some reason I never noticed, nor had it pointed out to me, that the Bill of Rights does not actually grant anyone any rights, as most of those with whom I discuss it always believe (and I did, too, until today).

If you read each of the first ten amendments, they discuss in detail what the government, and specifically the Congress, cannot do. Or, more precisely, what Congress cannot make laws to do.

For example, here is the entire text of the First Amendment:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Congress cannot pass a law establishing or prohibiting the free practice of a religion. It cannot pass a law infringing on free speech or the press. It cannot pass a law denying the people's right to peacefully assemble. It cannot pass a law limiting the people's right to petition the government. No where in that simple paragraph does it grant the people any rights. "Freedom of speech" is assumed, to some degree, but not explicitly stated.

As you go through each of the rest of the Bill of Rights, you see the same trend. The amendments are always worded to limit the government's ability to infringe on the rights of its people. But it never explicitly states what those rights are.

I recently got into a bit of a debate online. Someone was saying how the fact that the NBA gives such hefty fines to its players and coaches for speaking negatively about the officiating is bogus. He argued that, if he was in the NBA, he would say what he wanted and would sue the NBA if they fined him for it because he has freedom of speech.

And that, in a nutshell, is how most people online and in person seem to feel about the first amendment, which, unfortunately, shows their ignorance about one of the most fundamental rules in any democratic government. As you can see, looking back and rereading the first amendment again, it only limits the government from enacting laws that limit the people's right to speech. However, a company for which you work (in this case, the NBA) has every right to put policies in place limiting what you can say and offering disincentives for breaking that policy, up to and including the right to terminate your employment. If you want to be a part of that organization, they make you sign a contract and you are supposed to abide by the terms of that contract of face the appropriate penalties.

Most business have this to a greater or lesser degree, by the way. If you are a white collar worker, you undoubtedly signed a contract that specifies some things, like some sort of confidentiality agreement about the products or business you are working with or in. Main blue collar jobs have similar contracts, as you may be working with proprietary software, hardware, or ideas that your company does not want its competitors finding out about. Upon leaving, whether voluntarily or not, most companies have you sign a noncompetition agreement that states you won't work in the same industry, won't take your clients with you, won't discuss the business with any competitors for a certain number of months or years, etcetera.

In addition, a person cannot just say anything, at any time, in any circumstance. We all know the old adage about not yelling fire in a crowded theater. Well, guess what? If you do, you can be arrested and/or sued for doing so. Contrary to what you see on the internet in any chat room or forum, you can be held accountable for what you say through laws dealing with libel, slander, and defamation of character, among others. I will grant that the burden of proof in these situations makes it very difficult for the wronged individual to actually sue and win, but that is a different argument for another blog.

All of these are perfectly legal ways that businesses and individuals can limit one's "right" to free speech.

What this all boils down to is: many Americans seem to have forgotten in the last 20 or 30 years that "your rights end where my rights begin." Your rights to call me names and lie about me under the guise of "free speech" end where my right to privacy and to fight against defamation of my character begins.

America is founded on a system of laws. The first laws, those placed into the Bill of Rights and subsequent amendments, were all about limiting the government's ability to subjugate its people. All the remaining laws are at the State and local level and deal with how individuals and businesses interact with one another.

The next time someone states what their "Constitutional Rights" are, listen closely. You may have an opportunity to educate them on what their rights really are.