Wim and all:
As examples of rights infringing on rights Wim said:
If I speak too much or too abusive, that may infringe on someone else's
freedom of speech: he/she will not be heard.
If a group of right-wing demonstrators wish to assemble on a certain spot,
that may infringe on the freedom of a lift-wing counter demonstration on
that same spot.
If everyone in the Netherlands wants to travel by car, quite a lot of them
are bound to have their freedom limited by traffic-jams. (etc.)
DMB says:
I think there are important distinctions that your examples leave out.
Talking too much, too loudly or rudely might be impolite, but that doesn't
deny the free speech rights of another. Rights are a legal principle, not a
code of behavior. The right to free speech is about not being prosecuted
under the law for expressing things people don't want to hear without fear
of punishment. If some guy punches you in the nose because he doesn't agree
with what you're saying, he's commited a crime, but the crime is assault and
battery or something like that. But if the cops arrest you for saying the
President is a incompetent fool, that's a violation of your rights and,
thank god, it is also a crime. If your boss fires you cause he doesn't like
your taste in music, that's a crime. If your landlord evicts you because he
doesn't like your religion, that's a crime. If your friend won't return your
phone calls because he doesn't like your philosophy, that's a drag, but its
not a crime. See what I'm getting at? The right to speak, unfortunately,
does not mean anyone has to listen or take you seriously.
Demonstrators are often kept apart, but that's not because the right to
assembly is being infringed. Its just a matter of trying to avoid a riot.
The Black Panthers and the KKK both have the right to assemble, but they
don't have the right to kick out each other's teeth. Nazis and members of
the anti-Defamation League both have an equal right to assemble, but that
doesn't mean its a good idea for them to share a stage at the same time.
These examples, as well as the traffic jam and the deleted examples are all
the same in this sense. The right to travel is not denied by rush hour
traffic, at least not in the legal sense. That's just a matter of
inconvienience.
Thanks,
DMB
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