The Second Protection of the First Amendment

By Michael The Libertarian

First off; as I embarked upon this journey, I realized that I admire and am grateful for the order in which they are enumerated. Think about it: Freedom of religion, speech, the press, assembly (free association) and right to petition the government for redress of grievances. I think that is the correct order. God, individuals, the press (the individuals' ability to keep an eye on government), individuals to become groups, and lawsuits.

I don't think the founders are sitting around in Heaven, waiting for my approval; just an observation.

So now, the second protection of the first amendment: Freedom of speech.

Much like the first protection, I think this has shifted from its intended purpose. We have a major anti-religion ground swell in this country. There's even an organization called “The Freedom from Religion Foundation” (that last word might be “Association”).

Seemingly, we've gone the same way with our freedom of speech. To some, it's come to mean: “All citizens are free to speak their mind and share their opinion as long as I think their opinion is right”

Let's be very clear, dear reader. That is not what free speech is about. People tend to throw around: “What about my free speech?” and “I demand my right to free speech!” Good on ye, but in a lot of cases, they're fighting the wrong fight.

The protection of free speech regards government being barred from punishing you for speaking your mind. It means that I can stand outside the white house (or write a column) saying things like: “The administration has lost their collective mind if they think ...” I can (if I have my sources lined up) speak or write about political corruption and the government cannot charge me with a crime.

Free speech has nothing what-so-ever to do with you, maintaining employment after you've said something that makes your boss angry. People have tried to twist this into that, but it doesn't fly.

Now, there is a “social contract” by which I believe we all live (whether we want to or not). People certainly have a right to try and bring this into the discussion, but remembering this is NOT a constitutional issue, they even fall short, there.

You have a right to speak and I have a right to ignore what you're saying. I would posit that I don't have a “right” to shut you up, but neither am I obligated to give any credence, value, or time to your opinion.

This issue goes back decades, but I think the most recent impetus is the enshrinement of “Safe Zones” and “Free Speech Zones” (which are usually the size of a very large picnic blanket, Boo-Boo).

If we are to transport the free speech argument out of the legal (government v. us) realm and accept that we have a duty to follow those precepts, then “Safe Zones” are a violation of “free speech rights”.

If we love free speech as we claim, why is it that some of us have to have “zones” where it's not allowed and even smaller “zones” where it is? The plain truth: If we want to extrapolate free speech into this non-government world, the “free speech zone” would be anywhere that is the United States of America. To the best of my recollection, that doesn't exclude college campuses or any other public space. It does (I think) include private residences, private schools (including parochial), and now that I think about it, I have seen your “free speech” trampled upon in several courts (actually, I think this might actually be an an abrogation of free speech. If the judge tells you to be silent and you don't, you're held in contempt of court until you pay a fine, meaning you've been tried and found guilty of the offense!).

Then, in answer to the “safe zones” that many a (state or county) college campuses have become, those colleges begrudgingly set up “free speech zones” where an American make exercise the “right” with which they are endowed by their Creator.

The whole argument would be a joke, if it were funny.

So, to sum up:

If you speak out and you're not in jail, your rights haven't been violated. If you're unemployed, they haven't been, either.

- Michael