Years ago I facilitated a conversation with students about the first amendment. They were doing a research project and ran headlong into a wall of hate speech from the KKK. They were horrified and adamant that this kind of expression shouldn’t be legal. The question was this: if you restrict their freedom of speech are you not also restricting your own? Infringing on the core liberties of any group – no matter how much we disagree – damages constitutional protection and endangers the freedom of speech for everyone.
It’s not a fundamental right unless it protects everyone equally. That is the genius of our constitution.
In the past six months we’ve witnessed the suspension of due process (a violation of the 5th and 14th amendments), the suspension of habeas corpus (a violation of article one, section nine of the constitution) and, more recently, the Posse Comitatus Act (a violation of federal law).
People are being plucked off the street and “disappeared”. People are being sent to concentration camps without charge (violations of due process and habeas corpus).
The government is using the military as a police force against civilians (a violation of posse comitatus).
We’ve also been witness to The Supreme Court ruling that a president has absolute immunity from prosecution. The law no longer applies equally to everyone so, essentially, the law no longer applies to anyone. Witness the immunity granted to the January 6th insurrectionists by the president who has absolute immunity.
To MAGA and to the republicans who hear-and-see-no-evil, to the law firms that have folded, the no-longer-free press, to the tech bros scooping up our data and to the fox fueling the fascists, the message is the same to you as it was to my long ago students: what is being done unto others will soon be done unto you. It’s not a right or a fundamental freedom unless it applies to everyone. Everyone. Understanding this simplistic principle is what makes it an imperative to fight for the rights of others, even when you don’t agree with them. Understanding this simplistic principle this is what it means to be woke. We-the-woke know that you do not yet understand this simplistic principle. When due process dies for other people, it also dies for you. When immigrants or democrats can be incarcerated and disappeared without charge, it will inevitably happen to you.
Do you understand that this simplistic principle is the genius of our constitution. It’s why we are marching and protesting and resisting this authoritarian take-down of our democracy. We believe protecting the freedoms and rights of others is to protect our personal freedoms and rights – and yours. As you cheer the military rolling into L.A or snicker as the president declares war on Chicago, as the freedom to vote is being stripped from women and people of color…we-the-woke wonder at what point you will wake-up. At what point will you realize that these losses of freedom also apply equally across the board?
read Kerri’s blogpost about RIGHTS
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The Direction of Intention 