The right we refer to as "freedom of speech" is, as you probably know, a Constitutional right. It's part of the 1st Amendment to the Constitution, one of the amendments known collectively as the Bill of Rights. Do you know what it says?
If you do...if you're really, really sure you do...you don't need to read any further. But if you're like the dozens and dozens of people I seem to encounter in online forums every day, you'd better check this out:
Congress 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.
It's a short little amendment packed with important concepts, and maybe that's why one of the most critical concepts of all tends to get overlooked. You might have noticed it this time around. Yep, I'm referring to the introductory clause (Who pays attention to those? You just write those to help stretch your paper to meet the minimum page requirement, right?) that MAKES IT CRYSTAL CLEAR THAT THE FIRST AMENDMENT LIMITS ONLY GOVERNMENTAL ACTION.
In fact, if you simply look at the language of the amendment itself, you'll note that it refers only to Congress. What about states? Surely states are limited, too? And, in fact, they are. That's because the restrictions on Congressional action set forth in the Bill of Rights have, in large part, been explicitly extended to the states and other governmental agencies.
They have not, however, been extended to your next door neighbor. It is NOT a "violation of free speech" when he tells you to stop screaming at your wife in front of his kids. It hasn't been extended to your local video store owner--he's free to decide not to offer titles that contain material he considers offensive. It's NOT a "violation of free speech" when a message board administrator or blog hosting company takes down your comment. It's not even a "violation of free speech" when a wholly unreasonable right-wing religious leader points a gun at you and tells you to repent your liberal leanings or burn in hell forever. Some of these things are perfectly legal. Some fall into gray area--for instance, the message board administrators and blog hosts are typically bound by their own terms of service. Some--like the guy with the gun--are flat-out whacked and criminal offenses to boot.
But none of them...not a single one...implicates your free speech rights. Why? Because there was no governmental action. Period. A website cannot infringe on your free speech rights (unless it's operated by a governmental entitity). Another user on a message board or in a forum cannot infringe your free speech rights (unless he acts "under color of law", representing some governmental entity). A restaurant owner cannot infringe your free speech rights...you get the idea, right?
Fifty times a day, someone on the Internet yells "what about free speech?" in a context that has nothing to do with governmental entities--and those are only the ones I see. The only viable answer is, "What about it?"
10 comments:
This is an excellent post. Very clear, very correct. Thanks for pointing out what is really being said!
A-men!
I'm a bleeding heart liberal "leftard" and I'm sick of seeing that whine everywhere. When I put up my comment policy I had to hear that crap. I'm sorry, but I'm not the IRS and I don't have to give you free rein to say whatever.
Excellent post.
Hello:
Nicely put, as is the post that follows this one (Cut The Drama).
Alas, misconstruing the First Amendment is just a single symptom of the systemic disease: public ignorance or misinterpretation of law in general.
Regarding censorship, I think you might find the following tangential comment of interest:
http://www.johnbennett.info/index.php/2008/01/01/unbiased-media/
Once again, well done.
Cheers,
John Bennett
Just because something is not illegal does not mean it is immoral. Why does freedom of speech exist in bill of rights in the first place? Private or public censorship is used to shut up people who disagree with you. We need the truth whether good or bad so that we can form robust opinions.
UPDATE FREEDOMJOURNAL PRESS 16 JUNE 2009
IS THE POSTING OF THE ON-LINE FREEDOMJOURNAL SUSPENDED, DETAINED, CENSURED, POSTPONED OR BLESSED?
In the meantime see our Web Pages for updates on our on-going articles on ProVerse and the Bible: freedomjournalpress
Greetings Brethren,
Peace be unto you. It is written it is documented that the FreedomJournal and this writer has experienced an on-going challenge to our God given right to Free Speech, Free Expression since we came to write seriously about the life and times of God’s people. Our first encounter came in an academic setting during the first challenge to our academic freedoms in 1971 as a graduate student. However recently as we changed Internet service providers to hopefully be able to post our On-Line Journal we were moved to remove all writings on our Historic Censorship from our web pages found at: www.freedomjournalpress.com . Why did we do this? Yes, why would we remove several hundred pages on our Historic Struggle with Censorship since 1971?
We find no peace or comfort brethren in documenting all aspects of Censorship. We would much rather be involved in our on-going study of scripture and the new series we hope to post on “The Power and Miracle of Prayer. “
Meanwhile we report that we have had serious affronts to our posting of the On-Line FreedomJournal since February 2009. But with the change of Internet Service Providers we still experience problems. As of now we cannot send out our Journal. Are these problems insurmountable technical problems? Since signing on to a new service we have struggled since 4 June 2009 to correct any technical problems that we may have but we still cannot post the FreedomJournal. Something seems to be blocking our email messages that are sent to multiple addresses.
FEATHER WEIGHTS FLOAT IN A DYING DEADLY SEA
We come commissioned and called to look out upon
the landscape inspired to see what God will have us
to see. Beloved just what do we see this time? Can we
see rain? Can we see sunshine? Can we see the tears of
the righteous as they cry out for the unrighteous that fall
deeper into the holes and ditches that turn to valleys they
attempt to dig for the righteous.
I come also boldly proclaiming the messages from the Spiritual
Scientist we have previously written about and the theory
of non-conformity T=ss² that renders a revolutionary way to
look at good and bad, right and wrong and in this the three
Heavens are seen. This also renders us the distinction between the
haves and the have-nots. Here though we speak not of material
things as money is nothing in the walk the ride over.
The haves are those that know God, surely the have not’s are
those lost as feather weights upon a dead sea that floats among
the dung that will never sink but take down the lost who believe
that there exists a paradise that is manmade and one that can be
bought. Those that tamper with the earth paradise are frowned on
and many that believe that they have power attempt any manner
of things toward their demise.
But we know that God is in control. Nothing will befall us or fall
upon the wise head that seeks not the Fool that Proverbs and the
Wisdom Book speaks of but to know God is wisdom and to seek
otherwise is the way of a Fool. Thus we come detained, for a reason.
We come suspended because God wants to tell us something else. We come
Censured because God has a blessing for us in our so-called misery. Thus
for sure as we readeth the Word we see a blessing for those in His service.
Bless, Bless, Bless the wise as the foolhardy count up things never
realized. There is no heart monitor in the Godly. Just who can
count compassion embraced, enclosed in the heart? This heart of the Godly also
seeks mercy for the feather weights as they are nameless in the sight of
God and all should want a name that the Creator gave to all. However the
lost became nameless when they left God.
Carl, I'm interested in your basis for the idea that the rights of free speech and free expression are "God given". Can you point to some authority for that idea?
Hey i am fresh here. I stumbled upon this forum I find It extremely accommodating and its helped me tons. I hope to contribute and aid other people like its helped me.
Thanks, Catch You Later.
How is someone suppose to be a mind reader and know exactly what will and will not offend you? If you have a public forum opinions will vary. If everyone has to think alike then whats the point of having a discussion in the first place. Unless someone is spaming,doing something technically illegal,or trying to ruin the message board site admids need to get the sand out of their vaginas.
That's because the restrictions on Congressional action set forth in the Bill of Rights have, in large part, been explicitly extended to the states and other governmental agencies.speech recognition software
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