‘Free speech’ isn’t a justification for being terrible – R Street

Given what Ive seen lately, Im not sure most of us really understand the concept of free speech enshrined in our Constitution. The First Amendment is essential to the preservation of our liberty, and weve treated it with all the respect of a box of Kleenex use it when convenient and toss it.

Lets review the historical context first. English common law contained a doctrine called seditious libel that essentially prevented criticism of the state. Many of Americas founders such as James Madison and Thomas Jefferson recognized the potential threat that kind of speech restraint posed to our young republic. In fact, the Alien and Sedition Acts of 1789 would test the mettle of the Bill of Rights only a few years after its adoption. In the modern context, the First Amendment preserves the right of the people to criticize government and public officials without fear of punishment.

As powerful as it is, the First Amendment is not absolute. The U.S. Supreme Court has held that the government may impose speech restrictions on the time, place and manner of speech. Such restrictions must be content-neutral, narrowly drawn, serve a significant government interest and provide for alternative channels of communication. So, no, you dont have a constitutional right to protest in the middle of the interstate at night.

Here are some critical speech and press issues we ought to address:

The First Amendment protects our rights in wonderful ways, but theres nothing magic about the paper or ink of the Bill of Rights. Our speech, press and religious freedoms depend on us. Its time we use them more frequently to advance liberty and less often to tear each other down.

Image by Chris DeRidder and Hans VandenNieuwendijk

http://www.al.com/opinion/index.ssf/2017/02/free_speech_isnt_a_justificati.html

Alabama Media Group

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'Free speech' isn't a justification for being terrible - R Street