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Friday, July 03, 2009 9:26 AM

Personal freedoms are part of broad social contract

A hallmark of our democracy is the tension between personal liberty and our obligations to society.

We structure our laws to give ourselves the freedom to choose, the freedom to make our own ways and to succeed or fail based on our own choices.

At the same time, we acknowledge that we all are in this together. The extent to which our freedoms are protected are measured against the degree to which we protect them for others — even if we might disagree.

Our personal freedoms are not won by burdening our neighbors. If that were possible, then our neighbors would be free to burden us.

The U.S. Constitution is a masterful political document, because it draws a wise balance between these competing tensions.

Still, we face many possible conflicts in finding the right balance for many of the issues we face today.

Is it a point of personal liberty not to wear your seat belt?

Or, are you placing an undue burden on our tax system, police and health system and, thus, the pocketbooks of your neighbors — as well as the lives of your family members — because unnecessary injuries require a massive, time-consuming and expensive public response?

Is it a point of personal liberty to keep and train a vicious dog?

Or, are you placing your neighbors and others at too great a risk of injury or death by keeping such an animal in proximity to them and their children?

Is it a point of personal liberty to shoot Fourth of July fireworks?

Or, are you placing at risk the lives and fortunes of your neighbors because of the fires that could be started, or, perhaps, risking young fingers and eyes that need our protection?

It’s not hard to see that the liberty to do what we want has logical constraints.

The U.S. Supreme Court once noted that our freedom of speech does not include the right to yell “fire” in a crowded theater in which the ensuing panic likely would hurt someone.

Likewise our own personal actions have consequences for our families, friends, neighbors and the public.

Just something to think about.

— Gordon Billingsley, Herald content director

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