Legal-Ease: Uniquely American legal rights

The last several weeks have placed a spotlight on other countries’ (including countries that we consider sophisticated) lack of various freedoms. Those missing freedoms contrast with our uniquely American legal rights that make our self-governing country extra special among our peers.

We all know our traditional legal freedoms like freedom of speech and freedom of assembly. Those formal, legal freedoms bring about three unofficial “American” legal rights.

Right to be unpopular

Last month, the governments of France and Germany banned public protests in favor of Palestinians, even when Hamas (the terrorist group) was not mentioned. Those governments justified the prohibition of protests in support of the Palestinian people to “stop public disorder and prevent antisemitism.”

In contrast, here in the USA, even if someone wants to praise the literal, terrorist component of the Palestinian people, as long as the praise does not threaten other people’s health or safety, we can generally say whatever we want.

Right to conduct and not conduct business

Nevertheless, if someone in America takes unpopular positions, that person or that person’s business may be ostracized or boycotted.

Earlier this month, the owner of the social media platform X took certain public positions with which some people and businesses disagreed. Those disagreeing businesses and people acted by removing themselves from that social media platform.

Because almost all American industries and businesses are privately owned, the government cannot eliminate competition to preclude us from boycotting businesses that we want to boycott. Thus, the ability to conduct business and boycott businesses is uniquely American, because of the private ownership of our country’s businesses.

Right of family and healthcare autonomy

Eight months ago, a baby girl named Indi Gregory was born in London with brain damage resulting from a rare medical condition known as mitochondrial disease.

Although there is no current treatment or cure for the child’s disease, the child’s parents sought to keep the child on life support for a period of time to allow for the development of experimental treatments for the disease.

British doctors disagreed with the parents and encouraged the government to remove the child from life support.

In the meantime, the Italian government offered the child Italian citizenship and agreed to sustain the child’s life support at a hospital in Rome.

The child’s parents begged the British government to allow the child to be moved to Italy or at least to be able to die at home.

The British courts, on the advice of the British physicians, refused the parents’ requests. And two weeks ago, baby Indi Gregory died in a British hospital.

Our healthcare system is certainly imperfect. But here in America, the government generally does not decide when or where we or our family members live or die.

Only in America

It is easy to identify and complain about our country’s weaknesses. However, on this Thanksgiving weekend, we can identify and give thanks for the legal rights that are unique to our country and culture. May God bless the U.S.A. and its uniquely “American” rights.

Lee R. Schroeder is an Ohio licensed attorney at Schroeder Law LLC in Putnam County. He limits his practice to business, real estate, estate planning and agriculture issues in northwest Ohio. He can be reached at [email protected] or at 419-659-2058. This article is not intended to serve as legal advice, and specific advice should be sought from the licensed attorney of your choice based upon the specific facts and circumstances that you face.