And the First Amendment doesn’t permit you to advocate for the immediate use of force against someone else.īut there are other times when speech is protected even when someone may claim to be harmed. You can’t misrepresent the truth to people for your own gains. You can’t lie about someone to harm their reputation. First, just what kinds of activities enjoy this constitutional protection? And what justifies limits on that constitutional freedom?Īs the video below explains, the general principle of the nation’s free-speech rules is that your speech is protected so long as it doesn’t harm others.īut this raises the question: what should count as a harm? In our legal system there are well-defined examples where speech is not protected, because it hurts someone. But the incompleteness of the text raises two difficult questions. #SPEEK FREE FREE#When it comes to free speech, the Constitution speaks in broad generalities that start the conversation off in the right direction, but which, standing alone, do not fill in all the missing pieces in a complex puzzle. The necessary theory of freedom applies equally to all forms of speech and action, and it draws the line at the threat or use of force, even if the former counts as speech and the latter does not. The only way to draw the right line-that between expression and violence-is to recognize that the First Amendment is as much about freedom as it is about speech. But no one could claim that it also protects mayhem, murder, defamation, and deceit. By analogy, it also reaches other expressive activities like drawing, dancing, and acting. The First Amendment clearly covers the spoken word, written pamphlets, and books. #SPEEK FREE HOW TO#Hoover Institution senior fellow Richard Epstein offers a framework for how to think about free speech and its limits: abridging the freedom of speech,” but the First Amendment isn’t absolute. It sounds straightforward, “Congress shall make no law. It gives you-and everyone else-the right to criticize government policies and actions. It’s time to revive this bedrock American principle.įreedom of speech protects your right to say things that are disagreeable. Indeed, the more authorities-whether formally through the exercise of government power, or informally through social intolerance-prescribe a single correct view and demonize others, the more citizens lose the ability to form responsible judgments and defend the many other freedoms that undergird human dignity and self-government.įree speech defends our other freedoms and offends would-be autocrats. One can neither worship (or decline to worship) God in accordance with one’s conscience, nor persuade and be persuaded by fellow citizens, if government dictates orthodox opinions and punishes the departure from them. Its position in the text of the First Amendment symbolizes free speech’s indissoluble connection to religious and political liberty. Hoover Institution senior fellow Peter Berkowitz highlights how the First Amendment connects freedom of speech with liberty: The First Amendment of the Constitution says:Ĭongress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof or abridging the freedom of speech, or of the press or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.Īt its core, the Constitution’s robust protections for speech are intended to preserve and protect liberty. Is it time to reconsider the nation’s free-speech orthodoxy? And in the United States, there is increasing sentiment that some speech is not worth protecting. Many developed nations restrict speech that is deemed hurtful or offensive. While many Americans take it for granted, the tradition is far from universal. And that is particularly true in the age of social media, when a viral tweet or insensitive post can hurt feelings and damage reputations.ĭespite this reality, the United States maintains a strong legal and cultural tradition of free speech. Nearly everyone has experiences that contradict the children’s rhyme “sticks and stones may break my bones, but words will never hurt me.” Words can be painful.
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