While the text and principle of the First Amendment have stayed the same, the courts interpretation has indeed changed over time. Judges, lawmakers and scholars continue to struggle with balancing strong speech protections with the necessity of maintaining a peaceful society.
What do you think? Why is the freedom of speech an important right? Why might it be important to protect even unpopular or hurtful speech? And yet, when might the government draw reasonable limits on speech, and why?
_________
Before answering this question, read the full text of the amendment. What does it say about speech?
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.
Next, read these excerpts from three recent articles about free speech cases that might affect your life:
In a September 2017 article, High Schools Threaten to Punish Students Who Kneel During Anthem, Christine Hauser writes:
The controversy over kneeling in protest of racial injustice moved beyond the world of professional sports this week, when a number of schools told students they were expected to stand during the national anthem.
On Long Island, the Diocese of Rockville Centre, which runs a private Catholic school system, said students at its three high schools could face serious disciplinary action if they knelt during the anthem before sporting events.
In a June 2018 article, Colleges Grapple With Where or Whether to Draw the Line on Free Speech, Alina Tugend writes:
It has happened across the country, at small private colleges and large public universities: an invited guest is heckled or shouted down or disinvited because of opposing political views.
And the incident is followed by a competing chorus of accusations about the rights of free speech versus the need to feel safe and welcome.
Its something those in higher education have grappled with for decades. But after the 2016 presidential election and the increasing polarization of the country, the issue has taken on a new resonance.
In another June 2018 article, Supreme Court Strikes Down Law Barring Political Apparel at Polling Places, Adam Liptak writes:
The Supreme Court on Thursday struck down a Minnesota law that prohibits voters from wearing T-shirts, hats and buttons expressing political views at polling places.
In a cautious 7-to-2 decision, the court acknowledged the value of decorum and solemn deliberation as voters prepare to cast their ballots. But Chief Justice John G. Roberts Jr. wrote that Minnesotas law was not capable of reasoned application.
Students, read at least one of the above articles in its entirety, then tell us:
Why is the freedom of speech an important right? Why do you think its worth protecting?
What is the value in protecting unpopular speech?
The Supreme Court has determined that certain types of speech, such as fighting words, violent threats and misleading advertising, are of only low First Amendment value because they dont contribute to a public discussion of ideas, and are therefore not protected. Even though the text of the First Amendment does not make any distinction between low and high value speech, do you think the court is correct in ruling that some categories of speech are not worth protecting? What types of speech would you consider to be low value? What types of speech are high value, in your opinion?
What do you think about the free speech issues raised in the three articles above? For example:
Should students be allowed to kneel during the national anthem? Why? Should colleges be allowed to forbid controversial or offensive guests from speaking on campus? Why? Should individuals be able to wear overtly political T-shirts or hats to the polling booth? Why?
When might the government draw reasonable limits to the freedom of speech, and why?
We now want to ask you an important constitutional question: When does the First Amendment allow the government to limit speech? We want to hear what you think. But to clarify, were not asking for your opinion about policy. In other words, were not asking whether a certain type of speech, like flag burning or hate speech, should be protected or prohibited. Instead, were asking you to interpret the Constitution: Does the First Amendment protect that speech?
Do your best to base your interpretation on the text of the amendment itself and your knowledge of how it can be understood. You may want to consult this essay in the National Constitution Centers Interactive Constitution to learn more about how scholars and judges have interpreted the First Amendment, but rest assured, you dont have to be a Supreme Court justice to have an opinion on this matter, and even the justices themselves often disagree.
When you interpret the First Amendment, what do you think it has to say about the free speech issues raised in the three articles. For example:
Does the First Amendment protect the right of students at government-run schools (public schools) to protest? What about students who attend private schools? Does the First Amendment allow private colleges to prohibit certain controversial speakers? What about government-run colleges (public colleges)? Finally, does the First Amendment protect voters right to wear whatever they want to the polling booth?
Are any of your answers different from your answers above, when you answered the three should questions?
When scholars, judges and lawmakers try to balance strong speech protections with the goal of maintaining a peaceful society, what ideas or principles do you think are most important for them to keep in mind? Explain.
Read more:
Why Is Freedom of Speech an Important Right? When, if Ever ...
- Free Speech Aids Racial Justice. Activists Must Defend It. | Opinion - Harvard Crimson - February 16th, 2024 [February 16th, 2024]
- Progressives Are Ditching Free Speech To Fight 'Disinformation' - Reason - February 16th, 2024 [February 16th, 2024]
- There is a way out of cancel culture but it's not free speech - Times Higher Education - February 16th, 2024 [February 16th, 2024]
- Editor's take: Limiting hate speech not a First Amendment violation - The Pajaronian - February 16th, 2024 [February 16th, 2024]
- Israel's Proposed 'Terror Incitement' Law Is a Dangerous Threat to Freedom of Speech - Haaretz Editorial - Haaretz - February 16th, 2024 [February 16th, 2024]
- Colorado bill tasking attorney general to study online 'misinformation' sparks First Amendment debate - coloradopolitics.com - February 16th, 2024 [February 16th, 2024]
- 10 Worst Censors: 2024 | The Foundation for Individual Rights and Expression - Foundation for Individual Rights in Education - February 16th, 2024 [February 16th, 2024]
- Harvard University's Lifetime Censorship Award: Impact on Freedom of Speech and Journalism - Medriva - February 16th, 2024 [February 16th, 2024]
- Reading is freedom of speech, says 'ABCs of Book Banning' director - KCRW's This...Is Interesting - Podcast en iVoox - iVoox - February 16th, 2024 [February 16th, 2024]
- Freedom of speech or lack of civility? Resident perturbed by others berating Killeen City Council and mayor - The Killeen Daily Herald - October 16th, 2023 [October 16th, 2023]
- Harvard Students Should Know Freedom Of Speech Is Not Freedom From Consequences - The Federalist - October 16th, 2023 [October 16th, 2023]
- FIRE launches six-figure free speech campaign with primetime ... - Foundation for Individual Rights in Education - October 16th, 2023 [October 16th, 2023]
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- UCI Year of Free Speech kicks off with virtual event - UCI News - October 16th, 2023 [October 16th, 2023]
- Book review: A Constitution To Keep: Sedition And Free Speech In ... - Maktoob media - October 16th, 2023 [October 16th, 2023]
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- Editorial: When is free speech not free on college campuses? - TribLIVE - April 27th, 2023 [April 27th, 2023]
- How do you handle free speech issues in higher education, popular discourse? - University of Illinois Urbana-Champaign - April 27th, 2023 [April 27th, 2023]
- Free speech protections are under threat in Texas Legislature - The Dallas Morning News - April 27th, 2023 [April 27th, 2023]
- Should Irish universities introduce mandatory free speech classes? - The Irish Times - April 27th, 2023 [April 27th, 2023]
- Florida House approves bill that would change rules around campus ... - WUFT - April 27th, 2023 [April 27th, 2023]
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- A notable foundation for freedom of speech - Newsday - April 27th, 2023 [April 27th, 2023]
- Troy, Alabama A&M receive poor 'red' rating from campus free ... - 1819 News - April 27th, 2023 [April 27th, 2023]
- Freedom of Speech Pros and Cons: What Both Sides Think - March 8th, 2023 [March 8th, 2023]
- What is the freedom of speech? - Alliance Defending Freedom - January 25th, 2023 [January 25th, 2023]
- freedom of speech | Wex | US Law | LII / Legal Information Institute - January 25th, 2023 [January 25th, 2023]
- First Amendment: Freedom of Speech | LII / Legal Information Institute - January 25th, 2023 [January 25th, 2023]
- Freedom of speech online: What are the Florida and Texas laws the US top court could hear a challenge to - The Indian Express - January 25th, 2023 [January 25th, 2023]
- Elon Musk says new Twitter policy is freedom of speech & not freedom ... - January 4th, 2023 [January 4th, 2023]
- CNN Calls Freedom of Speech 'Nonsense' in Moronic Rant - December 12th, 2022 [December 12th, 2022]
- Ex-CNN journo and Nobel Peace Prize laureate Maria Ressa explains why ... - December 12th, 2022 [December 12th, 2022]
- Hate speech - Wikipedia - November 27th, 2022 [November 27th, 2022]
- Freedom of Speech and Expression | CSCE - November 25th, 2022 [November 25th, 2022]
- Why Is Freedom Of Speech Important? The Relevance Explained - November 25th, 2022 [November 25th, 2022]
- 'Freedom Of Speech, But Not Freedom Of Reach': Musk Reinstates Kathy Griffin And Jordan Peterson Amid New Policy But Not Trump Yet - Forbes - November 21st, 2022 [November 21st, 2022]
- Freedom of speech is in jeopardy - The Ridgefield Press - October 15th, 2022 [October 15th, 2022]
- The Alex Jones trap: How 'owning the libs' can turn into a self-own for conservatives - Washington Examiner - October 15th, 2022 [October 15th, 2022]
- Just released: The 2022-2023 College Free Speech Rankings - Foundation for Individual Rights in Education - September 7th, 2022 [September 7th, 2022]
- Russian Court's Ban of Newspaper Novaya Gazeta is a Punch in the Face of Freedom of Speech - Novinite.com - September 7th, 2022 [September 7th, 2022]
- Bangladeshi Editor Rifat Munim Supports Salman Rushdie's Freedom Of Speech: 'Why React To The Book Or The Cartoons In This Childish Way? Why Show... - September 7th, 2022 [September 7th, 2022]
- Crikey! The exclamation of Free Speech - RadioInfo Australia - Radioinfo - September 7th, 2022 [September 7th, 2022]
- Batley row 'shows how extremists are using blasphemy to attack free speech' - The Telegraph - September 7th, 2022 [September 7th, 2022]
- Expansion of Title IX Tramples First Amendment - California Globe - September 7th, 2022 [September 7th, 2022]
- BRACK: S.C. Senate is poking free speech bear on abortion Statehouse Report - Statehouse Report - July 29th, 2022 [July 29th, 2022]
- Will AG Ken Paxton join the fight for freedom of speech? - Wilson County News - July 29th, 2022 [July 29th, 2022]
- The UK Government Wants to Scrap the Human Rights Act. Here's What to Know. - Global Citizen - July 29th, 2022 [July 29th, 2022]
- Cancel culture empowers the powerful at everyone elses expense - Foundation for Individual Rights in Education - July 29th, 2022 [July 29th, 2022]
- Repressive executive order from UNC Chapel Hill student government cuts off funding for pro-life individuals, causes - Foundation for Individual... - July 29th, 2022 [July 29th, 2022]
- Editorial: Alex Jones' lessons on the First and Sixth Amendments - CT Insider - July 29th, 2022 [July 29th, 2022]
- NEW for 7/29: How abortion now works in S.C., and more Statehouse Report - Statehouse Report - July 29th, 2022 [July 29th, 2022]
- Why Does The State Panic Over Free Speech? - The Friday Times - July 27th, 2022 [July 27th, 2022]
- How to Fix the Bias Against Free Speech on Campus - The Atlantic - July 17th, 2022 [July 17th, 2022]
- Universities are in denial over the free-speech crisis - Spiked - July 17th, 2022 [July 17th, 2022]
- Who Really Benefits From the First Amendment? - Tablet Magazine - July 17th, 2022 [July 17th, 2022]
- Legal Eagle: Is free speech abused to flout others rights? - Free Press Journal - July 17th, 2022 [July 17th, 2022]
- Free speech 'stifled' as universities cancel record number of speakers - The Telegraph - July 17th, 2022 [July 17th, 2022]
- The Online Safety Bill could lead to the biggest curtailment of free speech in modern history - The Telegraph - July 17th, 2022 [July 17th, 2022]
- LAWSUIT: Professor sues University of Washington after admins punish him for 'inappropriate' opinion - Foundation for Individual Rights in Education - July 17th, 2022 [July 17th, 2022]
- VICTORY: Art institute reverses expulsion for student who retweeted sexual art - Foundation for Individual Rights in Education - July 17th, 2022 [July 17th, 2022]
- Twitter and Freedom of Speech | News, Sports, Jobs - The Mining Gazette - Daily Mining Gazette - June 26th, 2022 [June 26th, 2022]
- Amber Heard, the ACLU, and the Future of Free Speech - Reason - June 26th, 2022 [June 26th, 2022]
- In my view: Freedom of speech is important - Slough and Windsor Observer - June 26th, 2022 [June 26th, 2022]
- New AGB Resource Prepares Higher Education Board Members to Balance Freedom of Speech with Diversity, Equity, and Inclusion - PR Web - June 26th, 2022 [June 26th, 2022]
- 'What's the point inviting me on!' Piers Morgan and student erupt in free speech row - Express - June 26th, 2022 [June 26th, 2022]
- Binance CEO says 'free speech is very hard to define' - Business Insider - June 26th, 2022 [June 26th, 2022]
- The Deeper Significance of Justice Thomas's Second Amendment Opinion - The Epoch Times - June 26th, 2022 [June 26th, 2022]
- Twitter and freedom of speech - Washington Times - June 22nd, 2022 [June 22nd, 2022]
- Bill of Rights to strengthen freedom of speech and curb bogus human rights claims - GOV.UK - June 22nd, 2022 [June 22nd, 2022]
- Twitter and the freedom of speech | Opinion | journal-spectator.com - Wharton Journal Spectator - June 22nd, 2022 [June 22nd, 2022]
- Charlottesville, COVID, Trump and free speech: How white supremacy entered the mainstream - Salon - June 22nd, 2022 [June 22nd, 2022]
- Jehovah's Witnesses reflect on 20th anniversary of free speech decision - Porterville Recorder - June 22nd, 2022 [June 22nd, 2022]
- The Aftermath: Developments from the 2022 Session of the Connecticut General Assembly Affecting Employers - JD Supra - June 22nd, 2022 [June 22nd, 2022]
- Free Speech and Due Process at Princeton: The Case of Joshua Katz - Quillette - June 11th, 2022 [June 11th, 2022]
- Free Speech Makes People Free. We Must Defend All Speech Without Apology | Opinion - Newsweek - June 9th, 2022 [June 9th, 2022]
- Opinion: Free speech and guns a winning combination - Appen Media - June 9th, 2022 [June 9th, 2022]
- The Age of Intolerance: Cancel Culture's War on Free Speech - Overton County News - June 9th, 2022 [June 9th, 2022]
- Protecting free speech: Local residents reflect on impact of 2002 historic Supreme Court ruling as 20th anniversary nears - The Highland County Press - June 9th, 2022 [June 9th, 2022]
- Don't Forget the First Half of the Second Amendment - The Atlantic - June 9th, 2022 [June 9th, 2022]