Taking Freedom for Granted

As a lawyer who has been involved with the criminal law for 27 years (defense), I have always been interested in what students are taught about the Constitution and how it affects their attitudes towards civil liberties. A recent survey by the Knight Foundation reported in the Clarion-Ledger today found that "[i]n 2006, high school students tend to be more knowledgeable about the First Amendment, and less supportive of the freedoms it promises." In other words, merely teaching kids about the First Amendment won't necessarily create a love of freedom in them. A thorough grounding in the historical background of the Bill of Rights might go a long way towards inculcating such a love of freedom, but if the zeitgeist is blowing the other way, it is doubtful that any such knowledge will make much difference to the average American.

Americans are particularly prone to regard themselves as unique and exempt from the consequences that ordinarily flow from their actions or their inaction, which is why they regard the study of history either as a form of entertainment or simply a waste of time. Historical examples of this myopia are easy to find, but such examples are wasted on a people that don't believe that the past is a guide to the present. Thus the 1990s saw such ahistorical notions as Fukiyama's End of History and the talk about the "new economy" that purported to refute the second law of thermodynamics. That foolishness has already been forgotten and similar snake oil is being sold today, often by the same people and institutions.

Occasionally, during moments of self-questioning, I allow the possibility that perhaps the conservatives are right—that freedom is a privilege reserved for the "better sort of people," who can use their freedom responsibly—but then I remember that the elite idea of "responsibility" has nearly always consisted exclusively of maintaining one's privileged social and economic position, irrespective of the general good. In fact, it is rare that elites do anything to further the general good that would threaten their power or wealth.

The conclusion, which is an historical one: We can appreciate liberty only by neglecting it and finally losing it.

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