“…O’er the land of the free, and the home of the brave.”
– From “The Star- Spangled Banner”

From an early age, Americans are taught to revere the United States. Each morning, schools all over the country recite the Pledge of Allegiance before starting daily activities, and special federal laws, known as the “Flag Code”, are in place to ensure that the flag of the country is respected. (United) America is the Land of the Free, her citizens governed by a number of able officials who were chosen by the people themselves. The Constitution is the document upon which Americans can rely for the most basic freedoms, freedoms including the rights to bear arms, to speak the mind, and to practice one’s religion freely. Americans have the right to choice, many will argue, because of the protection provided by the Constitution. Because of the centuries- old document, Americans are guaranteed certain rights that countless others are denied.
Yet it is not a very infrequent occurrence when one of these so- called “inalienable” rights are violated. There are overlaps in laws, misguided legal judgments, and far too many politics coinciding in the country for America to truly be the “Land of the Free.” How is it justifiable for a country that supposedly has freedom of religion to prohibit polygamy, a practice that is encouraged among some Mormons? (Which) And how is it Constitutional to enact anti- bullying laws when the Constitution emphasizes that Americans bear the right to free speech? These contradictions, among many others, provide the answer to the burning question: America is not the Land of the Free.

In the wake of increased gun violence in America, the topic of gun regulation and control has become an important one for many in the country, especially for those who were directly impacted by an event. Carlee Soto, sister of Vicki Soto, a teacher who was killed while protecting her students during the Sandy Hook shootings in December of 2012, had the following to say about the Senate’s failure to pass a bill that would amplify background checks on potential gun owners: "My sister was not a coward, she protected her kids. Why aren't they protecting us?" (Horowitz) Stephen Barton, a survivor of the July 2012 Aurora, Colorado movie theater shooting, also spoke of gun legislation: “I think it’s fair to ask the men who want to lead the country to get past the platitudes and give us a serious plan to address a serious problem.” (Aurora) Drawing from their unfortunate experiences, these two people have developed strong positions that are very anti- guns. Opinions like these trigger a difficult question: who is right?
Not Soto and Barton, according to the United States Constitution. The second Amendment is the support, reading, “… the right of the people to keep and bear Arms, shall not be infringed.” (Bill) All citizens have the right to bear arms, and guns are indeed included in this category. This is the argument of many Republicans, who are advocates for gun ownership without licensing, ammunition without registration, and scorners of lawsuits against gun manufacturers. (Republican)
Many will argue that gun legislation could intrude on the lives of innocent people. Background checks upon potential gun owners are invasive toward one’s personal life, and Democrats are advocating the tightening of these already- intrusive laws. About universal background checks, Marion P. Hammer, former president of the National Rifle Association, said “They turn traditional innocent conduct into a criminal offense. They target you, law-abiding gun owners.” (Hammer) Why should an innocent, law- abiding citizen be searched without reason when the Constitution prohibits search without cause?

In addition to blatant violations of Amendment II are infringements upon the doctrine of separation of church and state. The Constitution guarantees that government programs, laws, and other ways of operation are not allowed to be determined by a religion. Blue laws, still in existence in several states, are laws about what is and is not permitted to be sold on Sunday, the Christian Sabbath. Many of these laws pertain to certain types of alcohol, but some even go so far as to prohibit general retail stores from being open on Sundays. (Current) Mayor Rich LaBarbiera of Paramus, New Jersey, had the following to say about the blue laws in his city: "As long as I am mayor I will continue to protect them. They are the integral thread to our quality of life in Paramus.” (Battle) According to the Constitution, politicians are obligated to create laws that reflect the secular stance on issues; Thomas Jefferson, who was arguably one of the most influential Founding Fathers of America, emphasized the separation of church and state in a letter to the Danbury Baptists on January 1st, 1802: “Believing with you that religion is a matter which lies solely between man and his God, that he owes account to none other for his faith or his worship… thus building a wall of separation between Church and State.” (Sovereign) Mayor LaBarbiera openly defied the principle of separation of church and state, despite his duties to do the opposite and enforce it. His supporters may sometimes argue that the “day of rest” is necessary, based not on religion but rather on necessity, but if that were the case, why not move the day of rest to Saturday to aid the Jewish community in Paramus? Jews are religiously prohibited from doing most activities (including shopping) on Saturdays, and in cities with blue laws, they may be unable to do weekend shopping at all. If blue laws truly were a secular matter, then they would be changed to a different day of the weekend so that everyone, not only the Christians, would benefit from the day of rest.

There are a number of other topics pertaining to the issue of separation of church and state; gay marriage is one of the most controversial topics, with new laws and court cases making national headlines very often in modern times. The topic of gay marriage is a heated one, and many of the arguments that oppose it result from biblical commandments against homosexuality. A blogger named “Bradlaugh” on secularright.org compiled a secular list of why gay marriage should not be permitted; his arguments include the lack of necessity for homosexual marriage, social intolerances, and anti- minority ideology. (Secular) The arguments made on the site are also invalidated when the axioms of the Constitution are consulted; every single American has the right to the “pursuit of happiness,” and the long- time ban on gay marriage was certainly inhibiting happiness for same- sex couples who wished to be legally married. With regard to gay marriage, every argument against it can be easily proven unconstitutional; since this is the case, why is gay marriage still illegal in some states? Is every state not bound to the Constitution that guides the entire country as a whole?

A somewhat similar situation is that of adultery laws. These laws do not exist in every state, and while they are not always enforced in those that do have them, they are intrusive and restrict freedom. Like a gay person who is not allowed to marry his partner because of the law, the right to pursuit of happiness is limited for those who do not wish to be monogamous. While many people would consider adultery to be morally wrong, many others base this belief upon religious reasoning. All three major religions of the world – Christianity, Judaism, and Islam – prohibit their followers from committing adultery. (Hecht, Adultery, Concept) Ethan Bronner, a notable New York Times journalist, said that adultery law is “a vestige of the way American law has anchored legitimate sexual activity within marriage;” indeed, during the time of America’s founding, adultery was a terrible crime, and individual cases often ended with executions. (Bronner) Adultery may have been a sinful crime during a time when American legislators were weighted with the burden of theology, but it should not be something that is regulated by the government. In New York Penal Law, Article 225.17 states that adultery (as defined by sexual intercourse with a person who has a living spouse) is a class B misdemeanor, punishable by a fine of up to $500 or up to 90 days in prison. (Article, Chapter) It is not within the rights of the government to create or enforce laws that have religious roots, nor is it permissible for the country’s leaders to restrict its citizens from the pursuit of happiness.

The right to the pursuit of happiness is one of the most treasured American rights; the First Amendment, which guarantees free speech (among other things), is certainly another. Americans are supposedly permitted to speak their minds, and freedom of publishing is also allowed. However, this natural right has been violated many times. In 1957, a man by the name of Samuel Roth sent by mail a sexually- explicit advertisement and a similarly explicit book to people who had requested it. He was convicted of the crime of mailing out obscenity, and when the case reached the Supreme Court, it was determined that freedom of publication did not apply in Roth’s case. (Roth) The rights to free speech and freedom of the press are guaranteed in the Constitution, yet they were violated by the greatest judges in the country.

Finally, laws that prohibit bullying also prohibit freedom of speech. While most people would agree that bullying is extremely unfortunate and dangerous to the fragile mindsets and emotions of children and adolescents, the government should not be interfering with one’s Constitutionally- granted right to free speech. Bullying laws cannot possibly be constitutional; they pose a direct threat to the First Amendment. And yet they exist in many states, serving as another example of how the government attempts to control the American people and deny them the rights upon which the nation was built. (Policies)

In conclusion, the United States of America is not a truly free country. The Constitution, the foundation upon which the United States of America was built, is frequently violated by people who swear to protect it. Freedom is supposed to reign the land, but rather, many of the citizens of the country are being manipulated and unconsciously oppressed. While laws are indeed necessary to prevent a country of chaos and anarchy, basic human rights should not be restricted by the personal ethics or mores of the country’s leaders. The United States citizens may have more rights, but more rights does not necessarily mean “free.”
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