What’s the cost of free speech in America today?

What’s the cost of free speech in America today?

“Congress shall make no law… abridging the freedom of speech…” this is the exact phrasing of the First Amendment to the United States Constitution. It specifically prohibits the federal government from creating laws telling its constituents what they can or cannot say about anything.  The founding fathers wrote this to ensure that the federal government would not inhibit the free expression of ideas.

However, the real world applications of this ideal are far from the ability to say anything, anywhere, at anytime.  It started small with little practical impositions and regulations.  Schneck v. United States determined that speech was free if it failed the “clear and present danger” test.  Meaning if the person said something that put others in danger (passing the test), the remark was not protected by the First Amendment.  However, this quickly evolved into an even looser legal standard, which involves the likeliness of inciting violence.  This standard has spawned laws that are ambiguous and vague in nature.

Due to this judicial standard, saying whatever you want has become a true thing of the past.  Saying the politically incorrect thing about anyone can now lead to civil and criminal consequences.  Racial epithets are offenses that can lead to a civil suit.  Demeaning sexual language can lead to criminal charges.  And Congress has made a law infringing free speech.

Legally it is called “Hate Speech.”  It prohibits you from dropping “n” words when describing African Americans and calling homosexuals any word beginning with the letter f.  If you use those words in describing a person you may be charged criminally with a hate crime.  However, this doesn’t just stop at word choice.  If you say things that are anti anything it could classify as Hate Speech.  However, this is an ambiguous arena of law.  One person’s hateful ranting is another’s term of endearment.  What of religions that condemn homosexuality?  In short this is precisely what the framers of the Constitution wanted to avoid.

While it can be generally agreed that racial and sexual slurs are idiotic and ideally shouldn’t be used; it is every citizen’s right to be ignorant and use ignorant terms.  The ideas of every citizen are valid even if they are considered wrong in the current culture.

Furthermore, these laws infringe on other rights protected by the United States Constitution.  It could be considered Hate Speech to hold a religious rally where people are talking about homosexuals burning in hell.  Though these people may be completely wrong and avoided at all costs, it is their religious ideology that homosexuals are in a sense hated by God.  It should not be the government’s place to infringe on both their free speech and free exercise rights guaranteed by the First Amendment.

These laws are clearly unconstitutional.  The Founding Fathers are probably turning in their graves knowing that even the United States Congress has joined the bandwagon of abridging the speech of the population.  The aims of the government are well intended, however, they are still wrong.

Pro Deo et Constitutione – Libertas aut Mors
Semper Vigilans Fortis Paratus et Fidelis
Joseph F Barber