Tag Archives: Freedom

Why “Freedom of Conscience” Could Excuse Unprofessional Behavior

Many states, including my own, have considered bills to protect health care professionals who refuse to provide care they judge to conflict with their personal  religious, moral, or ethical views and to refuse to refer patients to where they could get care. The care in question usually is reproductive: abortion, contraception, etc.

Known as the conscience clause or healthcare freedom of conscience bills, such bills could endanger patients–especially those with medical emergencies or that have few medical providers in their areas.

Such bills also violate professional ethics. For example, the Code of Ethics of the National Association of Social Workers, which I have promised to uphold as an NASW member, requires social workers to refer clients to a competent professional when terminating services. Furthermore, it requires that they smooth the transition to the next provider by, e.g., providing records the professional will need. (See 1.16(b) and (e) in the code).

Social workers respect and promote the right of clients to self­determination and assist clients in their efforts to identify and clarify their goals. –NASW Code of Ethics 1.02


The code also requires social workers to “respect and support the rights of clients” to make decisions that affect their lives. It does not grant social workers license to end services without referral because a client wants something that conflicts with the worker’s personal values.

Because of the harm that refusing care can cause, such refusals could violate the Hippocratic Oath’s requirement to “first, do no harm.”

Because of the protection from potential ethical violations that such bills would provide, I call them Excusing Unprofessional Behavior acts. That is what they would do. This opposes the freedom-of-conscience frame with professional responsibility.

Professionalism demands placing the client’s interests ahead of one’s own when they conflict. Though it’s uncomfortable to be asked to provide a service that you don’t think is right, it’s part of being a professional. If you really can’t do it, refer.

What do you think of the Excusing Unprofessional Behavior Act?

Liberty or License?

My high school social studies teacher liked to distinguish freedom and license. Freedom, he said, is exercised with responsibility while license is doing what you want without considering how your behavior affects others.

The distinction matters. As pointed out in an earlier post, for example, the extreme position that firearms sales should not be regulated in any way is a demand for license, not legitimate exercise of rights. Rights imply responsibilities. Ownership of something as dangerous as deadly weapons calls for (at least) responsibility and accountability for their safe storage and use.

Another reason it matters is that it is the basis for much ideological conflict. From its very beginning, Americans have held different ideas about freedom. In American Nations, Colin Woodard points out that the Yankees of New England have long held a Germanic view of freedom:

  • that all are born free,
  • equal before the law,
  • with rights that must be respected.
Caesar Statue
Ancient Rome’s 1% enjoyed liberty with no accountability from the 99%. But in 21st century America, freedom should come with responsibility.
Photo Credit: mharrsch via Compfight cc

By contrast, the settlers of the Virginia Tidewater sought to create a Greco-Roman-style republic. In the Roman view of liberty, most people were born unfree. “The Roman republic was one in which only a handful of people had the full privileges of speech (senators, magistrates), a minority had the right to vote on what their superiors had decided (citizens), and most people had no say at all (slaves)” (pp. 54-55).

Because I believe that America should be a land of freedom for all, to me liberty for the few without accountability amounts to license. It should be framed as such.

When opponents cry for liberty, we should ask:

  • Is the liberty they want for everyone or mainly for a privileged few?
  • If it’s for the few, how will the many hold the few accountable for their actions?

If the few wouldn’t be easily accountable, then the demand is for license, not responsible freedom.

What do you think? Is this an appropriate use for the concept of license?

Why Corporations Want You to Confuse Your Rights with Theirs

When the New York City Council approved a ban on sales of soft drinks in containers larger than 16oz, ban opponents used some ideological sleight-of-hand. It was so subtle that I noticed it only now!

Big Gulp cup--32 ounces
The issue should have been whether corporations should be allowed to tempt people to use too much of an unhealthy product, not individual liberty.
Photo Credit: Majiscup – The Papercup & Sleeve via Compfight cc

By framing the ban as an issue of individual liberty, they obscured a crucial fact: the ban would have regulated the behavior not of individuals but of businesses. Individuals would still have been able to buy all the soda they wanted.

Therefore, the real issue was whether irresponsible corporations would still be allowed to tempt customers to use too much of an unhealthy product. All the talk about government overreach, the nanny state, and personal choice was really about the City’s treatment of corporations, not people.

All the talk about government overreach, the nanny state, and personal choice was really about the City’s treatment of corporations, not people.

This case demonstrates what corporations gain from confusing the rights of individuals with those of corporations and the harm this confusion can bring the public. It will be very difficult to ban harmful products if the bogus individual-liberty frame is allowed to define future debates.

However wise or foolish this ban proposal may have been, governments have a responsibility to regulate commerce within their borders and also a responsibility to protect the health of the community. In similar future cases, Framologists should name who is really affected by the proposal and identify the real issue as corporate responsibility, not individual liberty.

Do you know if soda-ban defenders used this approach? I’d love to hear about it!

Martin Luther King Day: Should there be another holiday?

I’m of two minds about Martin Luther King Day. One mind says, “He was a great man, he deserves at least this much, and it’s an annual time to remember him.” The other mind replies, “What if America had a holiday that focused on the ideals for which he lived and died rather than on him?”

I (at least three minds now!) think both views are correct. And many King Day celebrations do acknowledge that King was part of a vast movement that began long before his appearance and that continues today. Unfortunately, there’s plenty of work to do, especially with recent weakening of affirmative action, voter-rights, and other civil-rights laws.

What if the USA had one of the following holidays:

  • Citizenship Day
  • Civil Rights Day
  • Freedom Day
  • Democracy Day
  • Equality Day?

Of these, my favorites are Freedom Day and Equality Day. Should they be combined into Freedom and Equality Day? Such a holiday(s) might help ensure national discussion of these ideals and their reality or unreality in America each year.

Should America celebrate one of these holidays? If so, how would you do it?