Individual Rights Essay Example

Philosopher Aristotle once said, “The only stable state is the one in which all men are equal before the law.” Injustice is the enemy of stability and a nation is strong when its citizens have equality. The United States found it particularly hard to accept this concept. For hundreds of years, white men were the only people to have individual rights. But equality is being achieved through growth. Although some groups are still fighting for justice and equal opportunities, they are making progress. The most effective tools of establishing and maintaining freedom are the ideas of change and individual rights.

Individual rights are essential to establishing freedom because they both define and delimit our liberties. By doing this, they create a stable environment to live in. Americans are only free until their rights infringe on the rights of others, but this is a necessary boundary. The First Amendment explains, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech… or the right of the people peaceably to assemble...” (Bill of Rights). This amendment is revered, respected, and even idolized by many Americans. It gives citizens the right to speak their minds and stand up for what they believe in. It allows them to adequately express themselves through protests and even express their dislike of national leaders (a novelty for some countries). Individual rights such as the first amendment have stood the test of time well, as none have been repealed (except for the eighteenth amendment, which instituted Prohibition). But there are now nuances to the boundaries of our rights.Many people believe that anything they say or write is protected under this Amendment. However, there are limitations to this right. There are certain criminal offenses that are not protected by the First Amendment, such as “speech that incites lawless action” (Brandenburg v. Ohio, 1969) or "fighting words” (Chaplinsky v. New Hampshire, 1942). There is a subtle difference between the two, incitement being the advocacy likely to produce lawless action (Oxford), and fighting words being speech used to get a violent reaction from the hearer (Oxford). In Brandenburg v. Ohio, the Supreme Court ruled that the Ohio Criminal Syndicalism Statute violated Brandenburg's First Amendment right after he made a speech at a Klu Klux Klan rally. The Court decided there is a difference between speech that is likely to incite violence and unlikely to incite violence, and that Brandenburg's speech was unlikely to incite violence. Though if Brandenburg's speech had caused harm to someone, it would be partially his fault, even if he did not inflict the harm. This is because his freedom of speech has limits. It cannot violate another's right to safety. There is also the defamation of character, which consists of slander and libel. Defamation is when someone's character is tarnished by a false statement (Oxford), whether it be written (libel) or spoken (slander). Defamation isn't a criminally punishable offense; instead, it is a tort. A tort is a civil wrong, whereas a crime is a criminal wrong. Instead of the defamer going to prison, the defamed can sue them. That is where the victim's right to protect their name begins and the offender's right to free speech ends. All in all, the line between unprotected speech and protected speech is a blurred one; the Supreme Court has deliberated on at least twenty First Amendment cases. There are many layers and complexities to the law. These are just a few examples of how freedom is justly delimited in order to protect the rights of others. By doing this, they establish freedom.

Most people in America today wouldn't have individual rights if change was not an option. Growth and progress are essential to maintaining freedom because they allow for advancements to be made. As previously stated, if change was impossible, then Black people wouldn't be able to vote, or sit next to a white man on a bus, or use the same water fountains as white people (14th and 15th Amendments, Civil Rights Act). This opportunity for growth is what won Black people their freedom. They used their first amendment right of protest and freedom of speech to achieve civil liberties. The fact that common people have the ability to do this is both revolutionary and essential. The founders of this country had the foresight to realize that nothing is set in stone, especially in government. Thankfully, they made it so that laws can be passed and new amendments may be added to the Bill of Rights at the federal level. At the state and local levels, rules and regulations may be voted on by governors and councilmen. Founder Thomas Jefferson agreed with the idea of progress within government by saying “The natural progress of things is for liberty to yield and government to gain ground” (Jefferson). If the government had not gained ground, the United States would not be where it is today. In fact, if advancements could not be made, there would be only the Declaration of Independence and the Articles of Confederation. The idea is laughable; the nation would be in mayhem. Jefferson's quote also indicates that the idea of progress has stood the test of time, and it is something America still believes in. Growth is still essential to maintaining freedom.

Now, some may say that progress would not have been important if the founding fathers had given everyone individual rights to begin with. This is because slavery wasn't abolished until 1865 (Emancipation Proclamation), or because Black men didn't get the right to vote until 1870 (15th Amendment). Both of these statements are true; Black people weren't included in the famous line "We the People”, and founders actively condoned slavery. They were treated as less than white people from the beginning. Women also didn't get the right to vote until 1920 (19th Amendment). They were seen as the lesser sex and women (specifically women of color, who are arguably the most oppressed people in America) were marginalized. While this is all true, the founders were racist and misogynistic, they still left the door open for opportunity. No excuses can be made for their views of Black people and women. However, let their greatest idea be progress, if they are not credited with anything else. Additionally, growth would also still be important if everyone had individual freedoms originally. The evolution of government applies to more areas than just liberty. It is a fundamental component of freedom.

In conclusion, the most important tools to establishing and maintaining freedom are individual liberties and the evolution of government. Individual rights help to define and delimit personal freedom in order to keep society running smoothly, and change allows for advancements to be made at all levels of government. Both of these ideas have stood the test of time and have been significant throughout the history of our nation. We should take advantage of our unalienable rights and use them to change the government for the better.