Monday, March 7, 2011

THE NEED FOR A RIGHT TO PRIVACY

There was a recent decision by the U.S. Supreme Court, to favor the right of free speech, over one’s right to privacy. It turns out that there is no specific right to privacy within the U.S. Constitution.

Maybe it is time to fine tune the constitution.

Of course that would be done in one of two ways: Chuck the whole thing by editing it to modern times, or, by making a new amendment. Either way, though, there would be a real mess of opinions and suggestions to sort.

While for the most part, the founding fathers had some good ideas for their times, 235+ years ago, they could not envision the future of 2011 and beyond.

I feel safe in saying that none of the founders could imagine a Boeing 767, or an electric stove, or a car, etc. Even Thomas Jefferson, and Benjamin Franklin, who at the time, many people considered to be polymaths, would not have imagined a computer.

For had they done so, they more than likely would have been labeled as under the spell of a witch or warlock. There would not have been any women on the jury, but there would have been a speedy trial, and a conviction, and probably a death penalty by hanging.

If I understand it correctly, U.S. Supreme Court justices do not make laws, they do their best to interpret the laws. Therein lies the trouble: Judges in 2011, trying to figure out what people meant or wanted back in the 1770s, when they wrote the U.S. Constitution.

The founding fathers were not concerned with the issue of one’s privacy, because there was no need for it. That was a time when everyone minded their own business, and did not meddle in the doings of other people.

I would bet the farm that the founding fathers would be horrified by the sight of the demonstrations by the Westboro Baptist Church members, protesting at military funerals.
Therefore, the only way that “we the people,” can right a wrong, is to change things by enacting a law.

Yes, there ought to be a law, which establishes the “right of privacy.“ This should be a law that cannot be trumped by “free speech.” People should have a right of privacy, to bury their dead in peace – without any of the demonstrations by whacko religious nut job zealots.

The U.S. Congress needs to develop a spine, and pass a joint bill. One that specifically establishes a “right to privacy;” and, that prohibits the demonstrations by any group within 1,000 feet of a funeral for any deceased military members, veterans, or public servants such a police or fire services.

This should be done with all due haste, so President Obama would have the opportunity to sign the bill into law, as soon as practicable.

This “right to privacy” should become the next amendment to the U.S. Constitution.

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