Freedom Of Speech
Freedom Rings, But How Loudly?
Freedom Rings, But How Loudly?
Below, examining the scope and constraints of free speech and the first amendment.
If You're Reading This We Still Have Free Speech …
If you can use social media, watch YouTube, and tweet without getting in trouble, you're enjoying the 1st amendment – the right to free speech. The founding fathers (James Madison) wanted this to be the first right guaranteed to Americans.
So, Where Does It Come From?
One of the principal points of contention between the Federalists and Anti-Federalists during the ratification of the United States Constitution was the lack of an enumeration of basic civil rights. Some Federalists argued that the citizens surrendered no rights in adopting the Constitution. However, in several states, the ratification of the constitution debate depended on the adoption of a Bill Of Rights (laws protecting certain civil rights). The solution was known as the Massachusetts Compromise, in which four states ratified the Constitution while also sending recommendations for amendments to the Congress. Recognizing the importance of addressing these concerns, James Madison introduced 12 amendments to the First Congress in 1789. Ten of these would go on to become what we now consider to be the Bill of Rights, a crucial addition to the Constitution that enshrined fundamental civil liberties.
Why Does It Matter?
The 1st Amendment is one of the most important parts of the Bill of Rights. It says the government can't control religion, and it protects freedom of speech, press, assembly (gathering in groups), and the right to petition the government if you're unhappy with something. It's the reason you can share your opinions, news outlets can report without censorship, and you can complain to the government.
What Does The First Amendment Do For You?
The Supreme Court has recognized that freedom of speech encompasses a wide range of rights and protections. Freedom of speech in the United States includes the right of students to wear black armbands to protest a war (Tinker v. Des Moines, 1969), the right to use offensive words for political messages (Cohen v. California, 1971), and the right to engage in symbolic speech like burning the flag in protest (Texas v. Johnson, 1989; United States v. Eichman, 1990). Case law (the law or guidance received from the supreme court) helps us get acquainted with what we are allowed to say or do as both spoken forms of expression and symbolic forms of expression.
So, What CAN'T You Do?
Your rights don’t include the right to incite lawless action (Brandenburg v. Ohio, 1969), distribute obscene materials (Roth v. United States, 1957), burn draft cards (United States v. O'Brien, 1968), or advocate illegal drug use at school events (Morse v. Frederick, 2007). I didn’t just cite all of these cases for fun, they are real world examples of just how far free speech goes in the United States. It is just as important to see the limits of free speech as anything else. There are real-world examples that define the limits of free speech.
So, What Does It Have To Do With Democracy?
Freedom of speech is essential for democracy in the U.S. It allows criticism of the government and opposition in politics, which prevents authoritarianism. But it's not an absolute right – there are boundaries to maintain order and safety. Court rulings have tried to balance free expression with these other needs, such as public safety.