Land of the free?

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that some of the country’s nuclear facilities were not properly secured. Border security agents have been punished for pointing out that the border is inadequately monitored, and airport baggage-handlers and security people for pointing to weaknesses in the security system. The Office of Special Counsel, which was established to enforce laws designed to protect the rights of such people, is widely regarded as “inept and even hostile to whistleblowers”.

How Free? also has some hard things to say about America’s criminal-justice system. The incarceration rate exploded from 1.39 per 1,000 in 1980 to 7.5 in 2006, driven, among other things, by the war on drugs. America now has one of the highest rates of imprisonment in the world: 5.6m Americans, or one in every 37 adults, has spent time behind bars. Even though prison-building is one of the country’s great growth industries, overcrowding is endemic, with federal prisons operating at 131% of capacity. America is also one of the few countries to ban felons and, in some states, ex-felons from voting. At any one time 4m Americans—one in every 50 adults—is disenfranchised because of past criminal convictions. This includes 1.4m blacks, or 14% of the black male population.

Freedom House’s strictures are, if anything, too soft. America insists on criminalising victimless crimes such as prostitution. Recently Deborah Jeane Palfrey, the so-called DC Madam, committed suicide; the government had thrown the book at her, including racketeering and mail fraud, because it really wished to penalise the arranging of assignations between consenting adults. In her suicide note to her mother she wrote that she could not “live the next six-to-eight years behind bars for what you and I have both come to regard as this ‘modern-day lynching’.”

The wrong lemonade

The American legal system also seems to have lost any sense of proportion. Christopher Ratte, a professor of archaeology, recently tried to buy his seven-year-old son a bottle of lemonade at a baseball game. He was handed a bottle of Mike’s Hard Lemonade, an alcoholic drink, by mistake. Officials noticed the boy sipping the drink and immediately whisked him off to hospital. He was fine. But the family was condemned to legal hell: the police at first put the seven-year-old into a foster home and a judge ruled that he could go home only if his father moved out. It took several days of legal wrangling to reunite the family.