Unit 3: Individual Liberty, Public Safety, and Immigration
In this unit, we examine different ethical dilemmas policy makers face in the areas of individual liberties, public safety, and criminal justice. We focus on the rights we find in the U.S. Constitution, such as the protection of speech and political acts under the First Amendment, the right to bear arms under the Second Amendment, punishment of felons, and issues involving drugs and illegal immigration.
We examine responses to the questions: How do we balance individual rights with the security needs of the state? Where do the rights of individuals end and the rights of society as a whole begin?
We use the five frameworks we discussed in Unit 2 to examine each of these questions. We explore the frameworks lawmakers, judges, and officials tend to apply to different types of issues and circumstances. Understanding how to approach and resolve these ethical questions in practice is important for students of political science and public policy. It is also essential knowledge for those planning to enter the legal, public service, and lobbying professions.
Completing this unit should take you approximately 7 hours.
Upon successful completion of this unit, you will be able to:
- identify ethical dilemmas policymakers face regarding the ideals of individual liberty and justice;
- describe why freedom of speech is vital to a society that values individual liberty;
- discuss the ethical dilemmas pertaining to individual liberty, punishment, and the criminal justice system;
- explain ethical arguments regarding the Constitutional right to bear arms and public safety; and
- discuss ethical issues related to individual liberty and immigration.
3.1: Individual Liberty
Individual liberty has been prized by the western world for a few centuries. Documents, such as the United Nations Declaration of Human Rights and the U.S. Constitution, and the behavior of human rights interest groups in the West, have popularized the idea that individual liberty is the cornerstone of society.
Watch these two videos which analyze the relationship between majority rule and democratic governance. The lectures provide a good introduction to exploring the benefits and drawbacks of majority-decided policies.
3.2: Freedom of Speech and the Press
Many believe that free speech and freedom of the press must accompany individual liberty – to prevent the government from becoming corrupt. When journalists are allowed to publicly police the behavior of government officials it is easier for the people to root out corruption and hold their government accountable. This is why attacks on the press are so disturbing to those who value individual liberty – if the government controls reporting on its own actions, it becomes difficult to know when the government is behaving in the interest of the people.
Read this report which reviews some major exceptions to the First Amendment – the ways the Supreme Court has limited or eliminated protections for freedom of speech and the press.
Watch this short video which analyzes the democratic and legal arguments for free speech in American society. Since free speech often lacks an obvious utility, this resource makes the case for why it is important and what is lost without it.
Read this U.S. Supreme Court case which held that flag burning is an act of political speech and, therefore, protected under the First Amendment. Many cite this case to argue that political speech has broad legal protection in the United States.
3.3: Punishment of Criminal Offenders and the Criminal Justice System
Deciding how to run a criminal justice system is one of the most important facets of creating a formal society. For example, this is where a given country, state, or city protects – or fails to protect – individual rights. Policy makers need to balance the various needs of the community, while being sure to minimize the number of people who are wrongly, or too harshly, punished.
Review this resource which examines the intersection of ethics and the state's use of power to enforce laws. The ethics of how to exercise law enforcement is one of the thorniest and most basic ethical questions society faces.
This resource examines some reasons why Black Americans face police violence at a far higher rate than Americans of other races. Understanding this issue will help you grasp the imperfect way justice is administered in the United States.
Read this resource which examines the way prisons and other "correctional institutions" operate in the United States. While these institutions support justice in society in theory, the practical reality is often far more complicated.
3.4: The Second Amendment
The Second Amendment gives Americans the right to own firearms, but the scope of this right has been hotly contested in courts and the public arena for decades. The core dispute is whether the country should lean toward more individual freedom or more public safety.
Read this resource which examines the philosophical basis behind the gun control debate in the United States with advice for gun control advocates.
This resource examines gun ownership and shootings as a public health issue. While this is only one way to look at guns in the United States, the article provides a helpful lens since this country has the highest rate of gun violence deaths in the world.
3.5: Illegal Immigration
The issue of immigration has risen and fallen in popularity in the United States. Lately, politicians have discussed legal immigration and debated whether illegal immigration helps or hurts the economy. Does it benefit or stymie American business, U.S. workers, or lead to increased crime?
Read this 2010 report by the Congressional Research Service, a publicly-owned, non-profit think tank that analyzes key issues of the day. The report examines common beliefs about illegal immigration, to sort out what is true and what is false.
Watch this video, where the United Nations Special Representative of the Secretary-General (SRSG) for International Migration examines the story of international refugees in the early 21st century. Moving outside of the American context on this issue provides a deeper understanding of how and why people move in mass numbers from one country to another.
Unit 3 Assessment
Follow the instructions to draft a 1 to 2-page memo based on the given prompts. Once you have finished the assignment, grade yourself according to the grading rubric that follows the instructions.