{"id":32950,"date":"2023-02-17T04:01:00","date_gmt":"2023-02-17T04:01:00","guid":{"rendered":"https:\/\/www.lifeandnews.com\/articles\/?p=32950"},"modified":"2023-02-20T15:02:26","modified_gmt":"2023-02-20T15:02:26","slug":"what-the-first-amendment-really-says-4-basic-principles-of-free-speech-in-the-us","status":"publish","type":"post","link":"https:\/\/www.lifeandnews.com\/articles\/what-the-first-amendment-really-says-4-basic-principles-of-free-speech-in-the-us\/","title":{"rendered":"What the First Amendment really says \u2013 4 basic principles of free speech in the\u00a0US"},"content":{"rendered":"\n

Lynn Greenky<\/a>, Syracuse University<\/a><\/em><\/p>\n\n\n\n

Elon Musk has claimed he believes in free speech no matter what. He calls it a bulwark against tyranny in America<\/a> and promises to reconstruct Twitter, which he now owns, so that its policy on free expression \u201cmatches the law<\/a>.\u201d Yet his grasp of the First Amendment \u2013 the law that governs free speech in the U.S. \u2013 appears to be quite limited. And he\u2019s not alone.<\/p>\n\n\n\n

I am a lawyer and a professor who has taught constitutional concepts to undergraduate students for over 15 years and has written a book for the uninitiated about the freedom of speech<\/a>; it strikes me that not many people educated in American schools, whether public or private \u2013 including lawyers, teachers, talking heads and school board members \u2013 appear to have a working knowledge about the right to free speech embedded in the First Amendment of the U.S. Constitution<\/a>.<\/p>\n\n\n\n

But that doesn\u2019t have to be the case.<\/p>\n\n\n\n

In short, the First Amendment enshrines the freedom to speak one\u2019s mind. It\u2019s not written in code and does not require an advanced degree to understand. It simply states: \u201cCongress shall make no law \u2026 abridging the freedom of speech.\u201d The liberties embraced by that phrase belong to all of us who live in the United States, and we can all become knowledgeable about their breadth and limitations.<\/p>\n\n\n\n

There are just four essential principles.<\/p>\n\n\n\n

1. It\u2019s only about the government<\/h2>\n\n\n\n

The Bill of Rights \u2013 the other name for the first 10 amendments to the U.S. Constitution \u2013 like the Constitution itself and all the other amendments, sets limits only on the relationship between the U.S. government and its people.<\/p>\n\n\n\n

It does not apply to interactions in other nations, nor interactions between people in the U.S. or companies. If the government is not involved, the First Amendment does not apply.<\/p>\n\n\n\n

The First Amendment ensures that Twitter is, in fact, free of government restrictions against spreading misinformation and disinformation<\/a> or virtually anything else. The company is similarly free to expel any users<\/a> who offend Musk\u2019s personal sensibilities. They can be booted off Twitter<\/a> and any charges of \u201cCensorship!\u201d don\u2019t apply.<\/p>\n\n\n\n

2. For decades, speech has faced very few limits<\/h2>\n\n\n\n

Freedom of expression was understood by the nation\u2019s founders to be a natural, unalienable right<\/a> that belongs to every human being.<\/p>\n\n\n\n

Over the course of the first 120-plus years of the country\u2019s democratic experiment, judicial interpretation of that right slowly evolved from a limited to an expansive view. In the middle of the 20th century, the Supreme Court ultimately concluded that because the right to speak freely is so fundamental, it is subject to restriction only in limited circumstances<\/a>.<\/p>\n\n\n\n

It is now an accepted doctrine that tolerance for discord is built into the very fabric of the First Amendment. In the words of one of the most revered Supreme Court justices, Louis D. Brandeis, \u201cit is hazardous to discourage thought, hope and imagination<\/a>; \u2026 fear breeds repression; \u2026 repression breeds hate; \u2026 hate menaces stable government.\u201d<\/p>\n\n\n\n

Opinions, viewpoints and beliefs \u2013 which are sometimes based on provable fact, other times on hypothetical theories and occasionally on lies and conspiracies \u2013 all contribute to what constitutional scholars and lawyers refer to as the \u201cmarketplace of ideas<\/a>.\u201d Similar to the commercial marketplace, the marketplace of ideas subjects all products to competition. The hope is that only the best will survive.<\/p>\n\n\n\n

Therefore, members of the Westboro Baptist Church can picket the funerals of fallen soldiers<\/a> with signs disparaging the LGBTQ+ community, Nazi hate groups<\/a> can hold rallies and civil rights groups can participate in lunch-counter protests<\/a>. The ideas expressed by each of these groups represent one perspective in the public debate about rights and privileges, government responsibility and religion. Other people and groups may disagree, but their perspectives are also protected from government censorship and repression.<\/p>\n\n\n\n

Messages communicated by means other than speech or writing are generally protected by the First Amendment, too. A jean jacket bearing the Vietnam-era anti-war slogan \u201cF*ck the Draft<\/a>\u201d is protected, as is the act of burning a United States flag<\/a> in front of a crowd. These were potentially more emotionally powerful than politely worded statements opposing government policies.<\/p>\n\n\n\n

\"A<\/a>
It may be upsetting to see \u2013 but that\u2019s part of the point of burning a flag, and a key reason it\u2019s protected by the First Amendment. Michael Ciaglo\/Getty Images<\/a><\/figcaption><\/figure>\n\n\n\n

3. But not all speech is protected<\/h2>\n\n\n\n

The government does, in fact, have the power to regulate some speech. When the rights and liberties of others are in serious jeopardy, speakers who provoke others into violence<\/a>, wrongfully and recklessly injure reputations<\/a> or incite others to engage in illegal activity<\/a> may be silenced or punished.<\/p>\n\n\n\n

People whose words cause actual harm to others can be held liable for that damage. Right-wing commentator Alex Jones found that out when courts ordered him to pay more than US$1 billion in damages<\/a> for his statements about, and treatment of, parents of children who were killed in the 2012 Sandy Hook Elementary School shooting in Newtown, Connecticut.<\/p>\n\n\n\n

So, abortion opponents can say what they wish but can\u2019t threaten or terrorize abortion providers<\/a>. And the white supremacists who rallied in Charlottesville, Virginia, in 2017 can shout to the rafters that Jews will not replace them, but they can be held liable for the intimidation, harassment and violence<\/a> they used to amplify their words.<\/p>\n\n\n\n

Rules about incitement to illegal action are part of the U.S. Department of Justice\u2019s investigation<\/a> into whether former President Donald Trump is at all responsible for the violence at the Capitol on Jan. 6, 2021. On that day, citing unproven, even disproved, events<\/a>, Trump delivered a speech<\/a> insisting the 2020 presidential election was rife with fraud.<\/p>\n\n\n\n

However, the First Amendment doesn\u2019t protect only true statements<\/a>. Trump has a constitutional right to advocate for his perspective. Even his references to violence might be considered shielded from criminal prosecution by the superpower of the First Amendment. That superpower would evaporate only if a court finds that, when he spoke the words that day, \u201cAnd if you don\u2019t fight like hell, you\u2019re not going to have a country anymore,\u201d his intent was to incite the violence that followed<\/a>.<\/p>\n\n\n\n

4. What\u2019s legal isn\u2019t always morally correct<\/h2>\n\n\n\n

Finally, and perhaps most importantly: Moral boundaries to acceptable speech are different, and often much narrower, than constitutional boundaries. They should not be conflated or confused.<\/p>\n\n\n\n

The First Amendment right to speak freely as an exercise of people\u2019s natural rights does not mean everything anyone says anywhere is morally acceptable. Constitutionally speaking, ignorant, demeaning and vitriolic speech \u2013 including hate speech \u2013 are all protected from government repression, even though they may be morally offensive to the majority.<\/p>\n\n\n\n

Still, some people insist that malicious and emotionally hurtful speech adds no value to society<\/a>. That is one reason used by people who seek to cancel or ban controversial speakers from college campuses<\/a>.<\/p>\n\n\n\n

Indeed, virulent speech may even weaken the democratic exchange of ideas<\/a>, by discouraging some people from participating in public discussion and debate, to avoid potential harassment and scorn.<\/p>\n\n\n\n

Nonetheless, that sort of speech remains firmly under the umbrella of First Amendment defenses. Each person must decide how their own humanity and morality allows them to speak for themselves.<\/p>\n\n\n\n

Lynn Greenky<\/a>, Associate Professor of Communication and Rhetorical Studies, Syracuse University<\/a><\/em><\/p>\n\n\n\n

This article is republished from The Conversation<\/a> under a Creative Commons license. Read the original article<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"

Lynn Greenky, Syracuse University Elon Musk has claimed he believes in free speech no matter what. He calls it a bulwark against tyranny in America and promises to reconstruct Twitter, which he now owns, so that its policy on free expression \u201cmatches the law.\u201d Yet his grasp of the First Amendment \u2013 the law that […]<\/p>\n","protected":false},"author":44,"featured_media":32951,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[292,4],"tags":[4952,8449,5715,5682,479,6674,2254,1614,2556,1676,13242,1523,10122,13530,777,486,686,4340,1666],"_links":{"self":[{"href":"https:\/\/www.lifeandnews.com\/articles\/wp-json\/wp\/v2\/posts\/32950"}],"collection":[{"href":"https:\/\/www.lifeandnews.com\/articles\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.lifeandnews.com\/articles\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.lifeandnews.com\/articles\/wp-json\/wp\/v2\/users\/44"}],"replies":[{"embeddable":true,"href":"https:\/\/www.lifeandnews.com\/articles\/wp-json\/wp\/v2\/comments?post=32950"}],"version-history":[{"count":2,"href":"https:\/\/www.lifeandnews.com\/articles\/wp-json\/wp\/v2\/posts\/32950\/revisions"}],"predecessor-version":[{"id":32975,"href":"https:\/\/www.lifeandnews.com\/articles\/wp-json\/wp\/v2\/posts\/32950\/revisions\/32975"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.lifeandnews.com\/articles\/wp-json\/wp\/v2\/media\/32951"}],"wp:attachment":[{"href":"https:\/\/www.lifeandnews.com\/articles\/wp-json\/wp\/v2\/media?parent=32950"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.lifeandnews.com\/articles\/wp-json\/wp\/v2\/categories?post=32950"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.lifeandnews.com\/articles\/wp-json\/wp\/v2\/tags?post=32950"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}