How free?
The Economist asks the question America needs to be asking itself.
Land of the free?
"'How Free?' also has some hard things to say about America's criminal-justice system. The incarceration rate exploded from 1.39 per 1,000 in 1980 to 7.5 in 2006, driven, among other things, by the war on drugs. America now has one of the highest rates of imprisonment in the world: 5.6m Americans, or one in every 37 adults, has spent time behind bars. Even though prison-building is one of the country's great growth industries, overcrowding is endemic, with federal prisons operating at 131% of capacity. America is also one of the few countries to ban felons and, in some states, ex-felons from voting. At any one time 4m Americans—one in every 50 adults—is disenfranchised because of past criminal convictions. This includes 1.4m blacks, or 14% of the black male population.
Freedom House's strictures are, if anything, too soft. America insists on criminalising victimless crimes such as prostitution. Last week Deborah Jeane Palfrey, the so-called DC Madam, committed suicide; the government had thrown the book at her, including racketeering and mail fraud, because it really wished to penalise the arranging of assignations between consenting adults. In her suicide note to her mother she wrote that she could not 'live the next six-to-eight years behind bars for what you and I have both come to regard as this 'modern-day lynching'.'
The American legal system also seems to have lost any sense of proportion. Christopher Ratte, a professor of archaeology, recently tried to buy his seven-year-old son a bottle of lemonade at a baseball game. He was handed a bottle of Mike's Hard Lemonade, an alcoholic drink, by mistake. Officials noticed the boy sipping the drink and immediately whisked him off to hospital. He was fine. But the family was condemned to legal hell: the police at first put the seven-year-old into a foster home and a judge ruled that he could go home only if his father moved out. It took several days of legal wrangling to reunite the family.
'How Free?' repeatedly argues, even as it dredges through the most depressing material, that the American system has proved admirably self-correcting. The response of civil-liberties advocates has been swift and dogged. The Supreme Court has forced the administration to extend the Geneva conventions to inmates in Guantánamo and other military prisons. Congress has reined in warrantless wiretapping. The press has repeatedly published leaked material.
This is perhaps a little optimistic—the courts have been slow and Congress half-hearted. But nevertheless the self-correction is now entering a higher gear. All the current presidential candidates, Democratic and Republican alike, have condemned torture and rendition and declared their desire to close Guantánamo. Freedom House's new publication will be an important contribution to this process of self-correction."
I must say that I have a really serious problem with the repressive, aggressive language being thrown about in efforts to defend liberty. It rationalizes such behavior, and it is such rationalizations that got us into this mess, in the first place. I'm tired of people rationalizing this bullshit. And I don't care in the name of what cause it is done.
We know better. We just don't want to own up for our role in this mess.
And that is the problem.
But it is good for reputable folks to be talking about the erosion of liberty openly and honestly.
Perhaps we can develop a more genuine commitment to freedom, rather than the fakery we've been engaged in up till now.
I, for one, would like liberty for real. And for an end to all the bullshit.
