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Rights vs. Privileges

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Blue Meany Donating Member (986 posts) Send PM | Profile | Ignore Tue Jan-26-10 10:13 AM
Original message
Rights vs. Privileges
I'm surprised that none of the political discourse I have read in response to the SC decision on corporate free speech has looked at the obvious distinction between a right and a privilege.

A right is "an abstract idea of that which is due to a person or governmental body by law or tradition or nature."
A privilege is: "A special advantage, immunity, permission, right, or benefit granted to or enjoyed by an individual, class, or
caste"

Clearly all citizens have a right to free speech, but only the wealthy have the privilege of flooding the media with ads for or against a candidate or issue. In order to make this a right, the government would have to insure that all citizens have equal time for their advertisements regardless of their wealth. I think it is time to bring back a new and vigorous version of the fairness doctrine to insure that none of has have our free speech rights trampled on.

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Igel Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-26-10 11:33 AM
Response to Original message
1. Competence vs performance
For lack of a better pair of words.

I have a right. I may not be able to enjoy it for a variety of reasons, or I may not be able to exploit it as much as others. I do not own a gun; I have the right to owning a gun, I've known people who owned a lot of them, some used them and some didn't. I do not have a press; I do have access to a blog, if I want to, but don't make use of it; I have the right to own a press, if only one on the 'net, and use it freely. I have the right to a fair trial and due process; it's a right I hope not to need to use.

You have the right to free speech. Go, speak freely.

You have the right to freedom of the press. Go, print freely.

You have the right to a fair trial. Go, be prosecuted freely.

To the extent that a right is a constraint on government, you have them provided at all times appropriate. To the extent that a right requires that you be provided with something for your personal use, no so much.

You have the right to procreate freely. If you're male, that does not give you the right to having the government install a uterus in you nor does it require that the government provide you with a loaner uterus to incubate your pre-sprog in. If you're uterus-less and want to procreate, you get to find a uterus provider willing to grant you access. If you don't have firearms and want to enjoy the possession of one, you get to find a firearm provider willing to grant you access. If you don't have a press and want to print, you get to find a press provider that's willing to grant you access. If you usurp that right in any of these cases it's generally viewed as a crime.
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