Question

Imagine a natural disaster strikes your area and power will be out for weeks. Describe two limitations to individual rights that you would support in this situation and why. Include an explanation of how the limits relate to at least one amendment in the Bill of Rights.

Answer 1

Two limitations to individual rights that I would support in this situation, for instance, after a hurricane, are restrictions to travel and limited coverage by the press.

Restrictions to travel. After the impact of a Hurricane like “Katrina” that destroyed New Orleans city area, it is of the utmost importance that people stay in refugees specially prepared by the government or civil protection in cases of disasters. The weather conditions during or after the hurricane makes the road very difficult. Or maybe, there is some affectation to highways or rural roads.

The more people are on the road, more traffic. And this could complicate the help provided by highway patrol, ambulances or any rescue service that need to get to specific location on time to save lives.

The other limitation should be to the coverage of the Press. In calamities like the aftermath of a hurricane, it is an invasion of the privacy that the reporter is in front of the woman who has lost her children an homeless, asking questions about “how do you feel in this moment?” Another terrible situation is the cameraman taking shots at the half destructed house and the people in horror outside the premises.

These limitations are related to the following amendment in the Bill of Rights:

The Fourth Amendment. To force an evacuation probably could be a violation of the people’s right to be safe in their houses and secure its papers and effects. But a hurricane this big like Katrina is an emergency and the authorities don’t know the risk for people in staying in homes.

The Ninth Amendment. Publishing pictures or showing video of the victims of the hurricane could be a violation of the right to privacy of family members. So the Media should respect these terrible moments and be very cautious in its covering.

Answer 2

It all depends on the type of natural disaster, and the time of the year it occurs. A flood is deadlier during wintertime than during springtime. One of the first limitations to rights might reasonably be the right of a person to leave his/her home and circulate. During a flood it is safer to remain at home and call for rescue than to expose oneself to strong currents with the caveat that the home is located in an elevated area or that it has a second story where people can wait for rescue to arrive. Another limitation would be the right to a trial as heavily inundated areas might be deprived of a functional court system and looters or criminals might have to be incarcerated without a trial while the system returns to normal functionality. Judges might be dead or missing and potential jurors might not be psychologically fit for such role due to extreme hardship. A criminal caught red-handed during an offense might be incarcerated or even executed if the offense is a capital one (murder with extreme prejudice).

This later limitation of rights is related to the  Sixth Amendment: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.”