In all its glory, from the Comic Book Legal Defense Fund
I have no lack of problems with laws in this country, or ones we should have, or rights that don't get the protections they need. But, this BBC piece about the lack of abominable "super-injunctions" in the US reminds me of one thing America actually does pretty well:
While in the UK, the story has evolved into a debate about a "two-track" legal system - one for mainstream media and one for social media - in the US that debate rarely happens, because all media can get away with a lot more.
And injunctions? Forget it. Americans are bemused that famous people in the UK are able to stop the publication of details of their private lives, because it goes against one of their country's founding principles, free speech.
Does the First Amendment make violations of free speech impossible? Hardly, and it remains an ongoing fight. But the First, and the years of law built up around it significantly raises the potential cost for violators, and assures that a lot of loathsome laws will face a heavy challenge right out of the gate.
Every day working in media, I'm reminded that there are significant protections that most institutions, albeit gritting their teeth, have to abide by because the potential legal/media shitstorm if they don't is actually a deterrent.
Countries can learn from what others have done, and modify it to fit their own circumstances. In areas of health care, for example, or infrastructure, or legislatures not grinding to a halt, there's much America can adapt from elsewhere.
But when I see ridiculous things like burqa bans or hate speech arrests, I'm reminded that the First Amendment is to this country's credit, and could stand a serious look, worldwide, from those seeking to workably protect a fundamental human right.
Comments