Is the Bill of Rights dead?

2015-06-11T09:20:43-04:00

Some of the things we, as Americans, hold most dear are our "unalienable rights" granted by God and enshrined in the first ten amendments to the Constitution. Of late we have witnessed many events that seems to indicate that our rights and freedoms are not only under assault, but have been eradicated entirely.

Our justice system has taken a back seat to the court of public opinion. In the age of instant notifications, social media, and a news complex more interested in ratings than accuracy peoples lives are being destroyed by negative backlash for anything and everything they have said or done. It may have been posted by them personally or by a second or third party capturing a snippet of the event and posting it without context. And this is just addressing free speech. The onslaught against our 2A rights, privacy, and religion are in full swing. The enemies of freedom do not rest.

Situation: You, as a private individual, post something to your FB wall. A personal opinion regarding a controversial topic. Your FB page does not identify you as an employee of X company- it's your personal page. Your comment was set to "friends only" distribution. Your comment was unappreciated by one or more of your FB friends.

Question 1: Does your employer have the right to terminate your employment based on your personal opinion being stated on a personal site among friends if they were to find out?

Question 2: Have we, as a society, given away our unalienable rights in favor of being able to cause harm to someone else's life or livelihood? Does our intolerance of someone else exercising their right to free speech justify ruining their life? "Why beholdest thou the mote that is in thy brother's eye..." - Jesus Christ ca. 30 a.d.

Response by PO3 Joseph Wieck made Jun 11 at 2015 9:43 AM

2015-06-11T09:43:35-04:00

Q1: I say yes. The reason is they also have the right to their opinion and if they feel that your stance can jeopardize their image, then they have that right. You have the right to say what you want, but that does not mean that you are free from any possible consequences resulting in that speech.

Q2: This is really a 2 part answer. I believe that some have given it away without realizing it. They have fallen into the trap of "Government will take care of it", and not exercised those rights. If we do not exercise our rights, like muscles, they begin to atrophy.
My stance on our rights are summed up in this sentence, "Our rights end when they begin to infringe on someone else's rights". That being said, If we do not like something someone says, that does not step on our rights. Ruining their life does step on their rights. What he did is acceptable and what we did in that case is not. Now take that with this, some speech is meant to inflame and cause issues. That really rides the fence and is where a lot of what is going on today is taking place.

A lot of people today are mistaken in a lot of areas of our constitution. They cannot really be blamed as they only know what they are taught. In school I was taught that our government is a democracy. This is a lie. We are a Republic. In a democracy, highest vote wins. In a Republic, the rights of the individual are protected against a majority vote. If we were a democracy, Slavery would not have ended.

A 2nd issue is also around education. People are afraid of an object/statement/policy and they use that fear to justify banning the object/statement/policy. A lot of this comes from how it has been handled and how it is presented in the media. Secret bills in Congress (We have to pass it to know what's in it) create the feeling that they are trying to keep us down. Guns being portrayed as "killers" and people want them banned. Now add politicians who are just in it for a career fanning the flames to get votes and you have what we have become. Passing of laws that usurp the constitution but make one interest group feel better, and then the heated arguments start.

Response by SSG Leonard Johnson made Jun 11 at 2015 9:46 AM

2015-06-11T09:46:04-04:00

Allen west made a comment on this subject yesterday, about social media and the govt trying to come up with software that can identify sarcasm in social media comments....West, me and every American could be put underneath the brig if this happens :)

Response by LTC John Shaw made Jun 11 at 2015 9:49 AM

2015-06-11T09:49:49-04:00

@SFC Jeff Lyden Sadly Yes, these concepts are from the Natural Rights reformation movement from France in the late 1700-1800s we no longer use this language. More and more people want to punish those who don't believe in the liberal politically correct way. It is the secular humanist on the attack against anyone of faith.

Response by SPC Jan Allbright, M.Sc., R.S. made Jun 11 at 2015 9:53 AM

2015-06-11T09:53:49-04:00

The "inalienable rights" were not granted by "God".
They were fought for and paid for with human blood.

Last time I checked they were all nicely in place.

Response by PO1 John Miller made Jun 11 at 2015 10:45 AM

2015-06-11T10:45:36-04:00

I like your Facebook analogy. I've heard of potential employers asking for a potential employee's Facebook password but I've never seen it myself nor do I personally know anyone it's happened to. If it ever did, I'd get up and leave AFTER I told the person interviewing me that's a clear-cut violation of the Fourth Amendment.

I also have a saying that I like to live by. The Second Amendment is for the times when your other inalienable rights are being threatened.

Response by 1SG Private RallyPoint Member made Jun 11 at 2015 11:08 AM

2015-06-11T11:08:08-04:00

I think the court of public opinion has gotten out of hand. We shame people for exercising their rights, but celebrate things of questionable import and morality to show how "enlightened" we are.
There is a fine line between enlightenment and decadence. The tipping point is when the core values of your culture come into question or change. There are examples througout history of this social change leading to the downfall of once great civilizations.
I think we are in very grave danger of crossing that tipping point. It has become trendy to criticize mainstream and/or traditional beliefs and behavior. It is even trendier to honor the "courage" of someone who stands on a pedestal and screams "look at me! I'm so different!" Anyone who disapproves is publicly shamed, called every name in the book, and marginalized.
I think that freedom of speech means you can say whatever you want. It does not mean you are free from being offended. You have freedom of speech, not freedom from it. Substitute in religion, due process, bearing arms, and you will see where the framers meant.

If you are foolish enough to post on facebook thoughts that disparage your workplace, you will reap the whirlwind. Even worse, since your words linger in the ether, it could haunt you for years. Find a different forum.
As a boss, I would ask you what you have done to make your workplace better. If it is nothing, then you are a troublemaker, not part of the solution. If you have ideas, share them in a positive way and see if you can affect change.

The very heart of our nation is the Constitution. When we try to find reasons to give up our freedoms or take them away from others, we are not the United States of America anymore. To paraphase Thomas Jefferson (I think), anyone who will give up liberty for security will deserve neither.

Response by Cpl James Waycasie made Oct 1 at 2015 5:28 AM

2015-10-01T05:28:25-04:00

The Bill of rights is dead only if we allow it to be dead. Whether it's refusing to allow my daughter to take evolution in school or my right to fly different flags, or my right to bear arms, or freedom of speech, I choose to stand my ground and not be bullied. So it's not dead, but it will be if people don't quit cowering down. Get a backbone and stand your ground. I find bullies back off when you push back and I am a firm believer in pushing back.

Response by 1LT Private RallyPoint Member made Mar 21 at 2016 11:57 PM

2016-03-21T23:57:25-04:00

Sadly in some people but truthfully, No.

Response by SSG(P) Private RallyPoint Member made Oct 13 at 2016 8:42 AM

2016-10-13T08:42:21-04:00

Question 1: In several states, employers can terminate your employment for any or no reason at all, except in the case of discrimination against legally protected classes. You could fight it on First Amendment grounds, but that would be a long, drawn-out, and costly fight. Choose your battles.

In general, yes, America has lost a lot of freedoms and protections under the Bill of Rights. For example:
1st Amendment: the Secret Service can emplace "Free Speech Zones" at public gatherings, outside of which, you can be arrested for exercising your First Amendment rights.

2nd Amendment: "Shall Not Be Infiringed" Even the necessity of having a concealed carry permit, purchase permit, or being restricted from carrying openly are all examples of infringement.

4th Amendment: Eminent Domain, Civil Forfeiture (your money can be confiscated if the police think that you made that money through illicit means), No-Knock SWAT raids, Home Owner Associations, Federal overreach via EPA/BLM/DHS claiming privately owned resources, etc.

5th Amendment: In a few recent cases, it was determined that police no longer have to mirandize (read you your rights) you when arresting you.

10th Amendment: States are being sued for passing or enforcing certain state laws.

Response by CDR Michael Goldschmidt made Oct 28 at 2016 9:52 AM

2016-10-28T09:52:51-04:00

Long dead. In fact, ink was even dry yet on the Bill of Rights when it started to be dismantled.