Freedom generates progress
Dr Manzur Ejaz
Everyday in the United States, several judicial cases are brought up by individuals and groups asking the courts to protect their freedom of expression guaranteed to them under the First Amendment of the Constitution of the country. Most of the times the courts nullify laws passed by US Congress, state legislative bodies, or other official and non official agencies that encroach on the freedom of expression of the individuals. Such an open atmosphere has helped the United States to become a world leader not only in economic and military spheres but also in the world of ideas.
On the contrary, the countries that try to monopolise the flow of information and put restrictions on freedom of expression suffocate the soul of society and erect stumbling blocks in the progress of society in every field.
Last week a federal US court declared that the law passed by Congress last year to restrict the flow of indecent material on Internet was unconstitutional. Congress made this law to protect the children from explicitly sexual a material freely available on Internet. The court declared that the government should find other devices to block the access of minors from getting this material: a computer chip or other such methods can be used to achieve this goal. However, the court emphatically argued that the law passed by US Congress was impinging upon the rights of the individual to express their views freely. The US Congress had made a similar law last year that was also declared unconstitutional by the court.
Similarly, the courts have protected the right of expression even of those groups that are considered fascist or organised to spread hatred against other ethnic or religious groups. The courts and Civil Liberties Union of America have consistently argued that once the freedom of expression of one group, under any pretext, is jeopardised, an example and a precedence will be established which will be used against the others who have a genuine concern. Therefore, the freedom of expression has to remain a sanctified individual right if it does not directly threaten the right to life of other persons.
The United States is a society of immigrants, new and old. The early immigrants or the colonialists were comprised of those groups which were persecuted in their homelands in Europe due to their religious or social beliefs. In many cases the reason of migrations of these groups was the persecution by their respective societies. It still remain true that many persecuted individuals and groups migrate to the US because of the state or social persecution back home. Therefore, the Founding Fathers of the US constitution and their successors made it sure that the all constitutional safeguards are put in place that no one can trample over the individual's right of expression. US history has seen its dark periods also where rights of Communists were encroached under McCarthy's witchhunt or the black slaves had no rights at all. However, sooner or later such excesses were corrected.
Now, even the US president cannot stop media to bring out a story about him or his family. The media is replete with scandals and stories about sex and other scandals about the most powerful politicians and business barons: the blow up of Monica-Bill Clinton scandal is just one example. This week Peoples Magazine has published a cover story about Chelsea, president's daughter, as to how she has coped with the embroiling sex scandal involving his father. President Clinton and the First Lady Hillary Clinton had made a personal request from the media to respect their daughter's privacy. However, after the story was published, the first couple could only express sadness over their publication.
They could neither stop its publication nor threaten the paper for adverse action. They cannot because constitution does not give them any power to do so. Any person can propagate his views using any medium and he does not need any government license or permission or be afraid of government reappraisals.
Such an environment of freedom of thought and expression has created a vibrant society in the US. Not only the US citizens continue exploring new horizons of social and scientific thought but such an environment of freedom has attracted the best minds from all around the world. Although higher wage levels are also a factor in attracting such talent but a repressive society cannot attract uniquely qualified persons offering much higher wages. As a result, the US emerged as the world leader in almost every sphere.
European societies--still lacking in instituting such a strong constitutional guarantee for the freedom of expression--have gone through stages where in feudal era common citizen had not right to express themselves freely. But, commercialization and industrialization ushered in an era of mass democracy and individual rights. In most of the societies on this earth economic and social progress have gone hand in hand.
On the contrary, Pakistan with its extreme restrictive information policies has not much to show on the international level. Its only Nobel Laureate physicist, Dr Abdul Salam had to spend most of his life outside the country due to prohibitive social and religious policies. Furthermore, in a socially suffocating environment enlightenment has given way to religious bigotry, ethnic strife and sectarianism. Government's present onslaught against the press will further degenerate this trend.
If the present government truly believes in free market system then it should allow the information industry to function with no restriction. It should not try to impose its information policy or choose the personnel for a particular newspaper(s).