First Place: Law Day 1999

First Place -- Law Day 1999

Celebrate Your Freedom

William E. Cannon, Jr.
Canton Rotary Club/Blue Ridge Circuit Bar Association
May 27, 1999

Thank you for inviting me to participate in your Law Day celebration. The theme of Law Day 1999 is “Celebrate Your Freedom” and I want to focus my remarks on that theme.

When most of us hear the phrase “Celebrate Your Freedom,” we immediately begin making a mental list of the freedoms that are most important to us. Today I want to interrupt you as you are making your list and ask you to think about the other part of that phrase- Celebration.

We are all familiar with the sacrifices made over the years by Americans who believed that freedom was a precious commodity- so valuable that they were willing to surrender their own lives in defense of liberty. As we become comfortable with our freedom there is the danger that we will forget that the freedom which was so difficult to obtain can be easily lost. We can become so caught up in enjoying our liberty that we begin to assume that we will always be a free people. If today we but politely acknowledge the liberty that has been entrusted to us we risk becoming complacent about that of which citizens of other countries only dream. Unless we consciously celebrate, that is, remember, rejoice and remind ourselves of the freedoms we now enjoy, we run the risk of forgetting the price that was paid for them and the importance they have in our daily lives. We have come too far to let that happen.

Do you remember how you felt as school let out for the summer? We had smiles on our faces and so much unbridled joy that we were bursting with energy. I want us to feel that same way today. Freedom is something to shout about! To revel in. Let’s loosen up and celebrate today!

Now it may have been so long since some of us have really cut loose that we have forgotten how to conduct a proper celebration. A cake might be nice but just about every occasion is celebrated with a cake. We might go to a restaurant and have the servers gather around us and loudly sing a song about Law Day. But even those once unique celebrations are seen every day. Law Day is special and I would like to share with you some special ways we can celebrate our freedom.

The first is by practicing tolerance. Too often we think of freedom from a selfish standpoint. That is, we view freedom as our right to do something that we want to do. We may, of course, talk grandly of respecting other person’s rights to do what they want to do, but it is human nature to think of ourselves first. Consciously practicing tolerance toward other people as they exercise their freedom is a needed method of honoring Law Day. Instead of reacting cautiously or suspiciously when we hear something we don’t agree with or see something we don’t like, let’s resolve today that we will relish the differences of opinion and variety of human experiences that make this country such a wonderful example of what human freedom can accomplish.

It was only a few years ago that I first had the opportunity to visit the cities of New York and Chicago. I cannot adequately describe the thrill that I had in seeing such a variety of people. I spent hours just walking the streets drinking in the smells, the sounds and the sights of so many things that were so different from Southwest Georgia. I will never forget the absolute joy of that experience.

The same sense of joy can be found by understanding our neighbors and celebrating the variety of our nation. We have Kiwanians and Lions. We have Rotarians who value variety so highly that membership rules require diversity. In this very state and city we have eccentrics and plain old fashioned nuts. We have Democrats, Republicans and others who are running away from both parties. We have people who irritate us, make us angry and scare us. We have people who make us cry and people who make us laugh. Isn’t it just great? We are not all just alike - wouldn’t that be incredibly dull and boring? And we have this delightful collection of people because this is one country where everyone has the freedom to just be themselves. Isn’t that worth celebrating?

Another way in which we can celebrate our freedom is to encourage dissent. That’s right- I said encourage dissent, not just tolerate it. What is popular or correct today may have been unpopular or incorrect yesterday. At some point in time people thought the world was flat and that only birds could fly. Where would we be if some hardheaded non-conformist had not dared to disagree with the conventional wisdom?

It is easy to speak of freedom when everyone agrees with our personal definition of it. It is easy to speak of tolerance when there are no differing view points to challenge our way of thinking. Freedom thrives on dissent. Liberty draws strength from differences in opinion exchanged in an unfettered marketplace of ideas. There could be no better celebration of our freedom then encouraging, not just allowing, differing points of view on all views.

We all revere the First Amendment and lively proclaim our allegiance to the right to free speech. However, we often forget that the First Amendment protects not only our right to express our own ideas, it also protects our right to listen to other people’s ideas - especially those who disagree with the majority point of view. Dissent and discussion can invigorate our system of government and our citizens.

I confess that I am a fan of talk radio and for some inexplicable reason I enjoy listening to people with whom I disagree. Even though my blood pressure climbs, I sometimes talk back to the radio. I seem to be unable to kick the habit. Just as school children run to a playground fight I cannot resist the sound of intellectual combat.

However, I’m generally disappointed in talk radio because there is so little dissent. A radio host introduces a topic of the day and invites listeners to call with their comments. The remainder of the show consists of callers echoing the same thoughts expressed by the host and ridiculing anybody who would dare think differently. Rarely am I treated to a caller who disagrees. Even more rare is the host who admits that someone with a different point of view may be correct on the same issue. What a wasted opportunity.

I yearn for the day when talk radio will be alive with differing ideas - when the host will be hard pressed to defend ideas and callers will disagree with each other. Defending our own intellectual choices requires that we listen to those who disagree and that is the element missing from the airwaves today.

Lawyers have a wonderful tradition of lively debate and principled dissent coupled with careful listening. We recognize and respect the freedom to disagree. As we celebrate Law Day 1999 it is my fervent wish that our fondness for differing points of view and our desire to hear all sides of an issue spread throughout our society and that we vigorously celebrate our freedom by encouraging dissent.

The third thing we can do to celebrate our freedom is to accept the uncertainty that comes with it. So much of the freedom we enjoy today was paid for with the lives of countless patriots who unselfishly fought to protect us in times of crisis. Those brave sacrifices must not and will not be forgotten. However, we must also remember another less well known cost of freedom that we all incur ever day- the willingness to accept the accompanying risk that we may suffer at the hands of others who do not respect the freedom we have given them.

It is difficult to speak of the risks of freedom at a time when schoolchildren lie victim to a senseless act and yet that terrible tragedy in Colorado reminds us that our liberty does not come without a price. In enabling our citizens to enjoy a level of freedom unrivaled by those of any other nation we must also realize that not every one of us will act responsibly. We will have those who abuse freedom of speech to spew hatred and bigotry. We will have those persons who will incorrectly interpret due process as a license to commit crimes of violence. They must not be allowed to compound their crimes by taking from us our freedom as well.

At a civic club meeting last week, I overheard a member discussing conditions in an Asian country not known for its devotion to personal freedom. He remarked that the streets were clean, there was no graffiti on buildings, and even those who committed simple misdemeanors were treated severely. This person concluded his remarks by stating his admiration for such a society and suggesting that the United States should become more like that as a solution to headline grabbing acts of violence.

We must not succumb to the siren song of easy solutions which gradually erode our basic freedoms. Instead, we must remember that each citizen pays a daily price for the liberties we enjoy. At times we may be in fear, at times we may encounter others who do not respect our rights and in such times we may wish that life were simpler. However, our cherished freedom should not be so easily abandoned.

The events of the past week remind us that freedom is not all pleasure and happiness. This was one of those occasions when we seek the stark reminder of it’s real cost. While we grieve for those who have paid the ultimate price we also honor their memories by reaffirming our commitment to maintaining the light of freedom even in this period of darkness.

In closing I ask the lawyers and judges who are here today to celebrate our freedom by becoming better at what we do. We can work harder at offering better services to our clients and to the public to increase understanding of our system of justice and foster a willingness to vigorously defend it. We can joyfully represent unpopular people and unpopular causes in the knowledge that we are securing the full protection of liberty for everyone else. We can remind the public at every opportunity that the rights we speak of today are not just ancient words of the 18th century that no longer have force today, but are an integral part of our daily lives.

Recently I was discussing the conflict in Kosovo with a judge and it prompted an interesting comment from him. The judge excluded certain evidence that was obtained in a search which he considered to violate protections guaranteed by the Constitution and he explained that his ruling on a routine motion in a typical criminal case was directly related to our conversation. As the judge so correctly pointed out, our country’s reverence for personal freedom in even significant small criminal cases marks the difference between the freedom in this country and that which is missing in countries such as Yugoslavia.

That judge recognized and celebrated the freedom we all enjoy every day and often take for granted. Let us resolve this Law Day that we will not forget. Celebrate, rejoice, remember! Our freedom was won with great sacrifice but can be lost with ease.

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