
Philip Howard's controversial manifesto exposes how excessive legalism strangles American society. Viewed by 750,000+ in his TED Talk, Howard argues judges need broader authority beyond rigid rights. What if our obsession with legal protection is actually destroying the "can-do spirit" that built America?
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America was founded on freedom-the liberty to make choices and pursue happiness our own way. Yet today, we find ourselves tiptoeing through a legal minefield, paralyzed by fear that spontaneous actions might trigger lawsuits or violate obscure regulations. How did the land of the free become a place where teachers can't touch students to prevent harm, where playgrounds have been sanitized of all risk, and where doctors practice defensive medicine instead of healing? This transformation has undermined the very freedoms that make America exceptional. Consider what happened in St. Petersburg, Florida, where a kindergartner was led away in handcuffs after destroying her classroom. Adults stood by helplessly, avoiding touching the forty-pound girl, eventually calling police who handcuffed the screaming child. For centuries, teachers handled unreasonable children sensibly-holding them by the arm when necessary. But today's teachers can't touch students for fear of lawsuits. One Teach for America instructor faced a $20 million lawsuit simply for putting his hand on a misbehaving student's back. America's story has always been about unlocking human potential-from the Wright brothers tinkering in their bicycle shop to Thomas Edison's mastery of trial and error. But this exuberance is fading as the scope of law stifles self-invention. The evil isn't wrong goals but that daily choices have become infected with debilitating legal self-consciousness. What happens when a society becomes too afraid to act on common sense?
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