Country needs to take a unified approach to problems of today

For those who study constitutional law, a fascinating subject too often draped in writings seemingly designed to confuse and obscure the issues, there was an early ray of legal light in the form of Oliver Wendell Holmes Jr., particularly when it came to First Amendment freedoms.

Holmes, who was nominated to the high court by President Theodore Roosevelt and served from 1902-32, was a scholar and a writer of the finest order, spicing his opinions with memorable lines that have stood the constitutional test of time.

Such as: “Your liberty to swing your fist ends just where my nose begins.”

There was a bit of poetic justice in that turn of phrase, as there was when he wrote in a 1919 case that “free speech would not protect a man in falsely shouting fire in a theatre and causing a panic.”

So, why are these memorable maxims of his, written more than a century ago, relevant in today’s society?

Look no further than what happened at a Buffalo supermarket May 12 when yet another mass shooting took place, leaving 10 people dead and reigniting the national debate over gun control, mental health treatment, and the role that social media played in radicalizing the 18-year-old suspect in the case.

Each of those issues, which tragically converged in one of the deadliest racist massacres in recent memory, should stir a national sense of outrage and a collective desire to take action to prevent further bloodshed.

Instead, we get finger-pointing as to who is to blame, while prompting many political leaders to trot-out the shop-worn phrase of “my thoughts and prayers go out to the victims and their families” as we consider the ramifications of the latest deadly example of gun violence.

One thing remains virtually certain, however: nothing will change in terms of limiting the easy availability of weaponry. Those who believe strongly in the Second Amendment “right to bear arms” will be emboldened even more in the wake of the latest shooting, somehow believing that the only way to counter such killings is to be armed to an even greater degree.

If anything is to be gained from yet another stab at innocent Americans by a deranged killer, it is perhaps a discomforting opportunity to learn history’s lesson. Shootings and terrorist attacks are not new forms of political expression, but instead have a puzzling and unsettling past. Violence, and the fear of it, now poses threats to the basic quality of life for every American. For some, the routine of everyday life may be so disrupted that it will be difficult to distinguish between the real and imagined.

All this should leave us to wonder what the Founding Fathers of this nation would make of their constitutional handiwork if they had the opportunity to fine tune their art.

They most certainly would be alarmed at the threats to democracy, our fundamental liberties, and the rule of law, especially in light of advances in technology that continue to boggle the mind.

They might worry that some of those precious freedoms outlined in the Bill of Rights have given some the license to go too far, thereby endangering and infringing upon the rights of others who seek a safe, happy, and productive way of life.

How best to draw that fine line between freedom and oppression has been the principal job left to the legal profession, where lawyers and judges have made a steadfast point to preserve the rule of law concept at the expense of the rule of man option.

The latter, of course, has placed the future of the world in peril, as several months ago an unhinged and unchecked dictator launched an unprovoked attack on a neighboring country, raising the specter of a much wider conflict that could have global consequences.

His actions, while causing widespread death and destruction, have sparked glimmers of hope on other fronts, however.

This week, Sweden and Finland made known their desire to join NATO, further strengthening an alliance created to counter enemy aggression in the European and Asian continents.

Closer to home, we at Primerus are forging ahead with plans to launch our own foundation, which is designed to promote global peace and understanding by embracing the fundamental concepts of freedom, liberty, justice, and equal opportunity for all.

In pursuit of those goals, we also have remade our Paradigm quarterly magazine and the Primerus Weekly newsletter to be more topical, interesting, and engaging. The changes were made to help inspire our members to take a more active role in promoting the importance of the legal profession in safeguarding a free society.

Such a mission can only be accomplished, of course, if we put our political differences aside and decide to engage in meaningful and respectful discourse, embracing the wisdom of Justice Holmes once again:

“The best test of truth is the power of the thought to get itself accepted in the competition of the market. . . That, at any rate, is the theory of our Constitution. It is an experiment, as all life is an experiment.”

Our next experiment is to periodically highlight current legal topics in the Primerus Weekly, aiming to engage you – our members and our readers – in a discussion that we hope will be informative and enlightening.

Please stay tuned!

Best regards,
Jack Buchanan, President