My Turn: Our biggest threats to free speech – Concord Monitor

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. (First Amendment to the Constitution)

Thou shalt not bear false witness against thy neighbor. (Exodus 20:16, KJV)

The first quote is the law of the land, the second is not. Further, the first quote makes it clear that it is up to the individual to decide whether to adhere to the second quote.

To some extent, and in the spirit of free speech, the U.S. Constitution permits the bearing of false witness or lying as a constitutional right. The framers of the Constitution were more concerned about the suppression of speech than the corruption of it. They reasoned that men [and women] of good conscience would outweigh those with no conscience.

But the framers of the Constitution could not possibly envision the power and ability of the internet and mass media outlets to spread and amplify lies to millions of Americans. Worse, that in the two-party system that emerged after the First Amendment was adopted, one party would use mass media and the internet to develop alternative versions of reality; one steeped in populist beliefs augmented by an unscrupulous orator.

Lies and misinformation threaten to destroy our free speech. We have all witnessed that firsthand. In the past three months, we have seen how Donald Trumps lies about a stolen election led to an insurrection against the government and a loss of faith in our election process, the very heart of our democracy.

In the backlash of these lies, several entities, most notably Dominion and Smartmatic, the makers of election software, are suing Trumps lawyer as well as several news sources in multi-billion-dollar lawsuits on charges of defamation. Now the courts will decide how much free speech will be permitted to destroy the reputation of a company, an individual or a states election process.

This appears to be the future direction of free speech in America. An individual, a company or a political party can openly tell lies or spread misinformation and then magnify it in public media and leave it to the courts to decide whether their right to free speech can ruin a persons life or destroy another company or even democracy itself.

Further, since litigation of this magnitude often requires large financial resources, the litigation of slander will often come down to a question of wealth and monetary backing. Free speech in America will exist only for those who can afford to back it up in court.

Even if the Constitution permitted the restriction of free speech against slanderous lies, we would not be able to regulate our way out of bearing false witness. The dividing line between what speech is permissible and what is illegal would be more dynamic than it is now. I believe the framers of the First Amendment understood that.

The United States has grown from a rebellious group of idealistic colonies to the most powerful nation ever to have existed. We are so powerful that the temptation of that power will cause many to trade their integrity to obtain it.

In the end, our democracy depends upon our integrity. Our freedom of speech is our most important heritage. To preserve it, we must speak truth and stand up to those who would pervert it.

(James Fieseher lives in Dover.)

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My Turn: Our biggest threats to free speech - Concord Monitor