Conflict Between Individual Rights and Right to Maintain Order, Essay Example

The Privacy Rights of Individuals

Within the context of Privacy, this is largely governed by the Privacy Act 1974 which establishes the boundaries and controls over personal information collected by the US Government. The Act defines how such information may be used. In essence a citizen has the right to (i) to see and view any record that is maintained by the government on your personal data (ii) the right to have such information amended if it is incomplete, false or erroneous (iii) the right to sue the government for any unauthorised use of that information deemed as illegal practice i.e. sharing with third parties without your consent. This must be distinguished from the Freedom of Information Act that permits public access to Government records other than those deemed classified for National Security or Law Enforcement purposes. In addition the US Constitution provides no specific legal rights with regard to privacy.

The US Patriot Act was designed to counteract terrorism threats after the 9/11 attack. The act has been somewhat controversial as it allows the law enforcement and intelligence agencies to have considerable powers over individual privacy rights.  This includes such items as recording your conversations, monitoring communications, placing you under surveillance and full access to your personal information.  This over rides any personal consideration or authority.

Freedom of Expression

Freedom of speech or rights of expression are largely governed under the 1^st Amendment.  This is mainly tested when the Government comes under severe stress and when particularly involved in Wars or tense political situations.  The legal definition of sedition, subversion and treason provide areas where freedom of speech may exceed the protection of constitutional limits.  Government intervention often takes place where the right of free speech moves into a direct action phase and threatens National Security.  The Supreme Court adjudicates over the more serious aspects of this and has recognized several limited important changes to individual protection with the confines of the  1^st Amendment.

The Right to Maintain Order

The maintenance of law and order in the USA is accomplished through three main avenues: (i) The Criminal Justice System  (ii)  The Courts and (ii) The Correctional system.