Quick Thoughts About Free Speech

Free speech is important, and one of the foundational rights of US Citizens.  Lately I am hearing a bit of confusion about free speech. Let's take a moment to examine exactly what the constitution says about it.

"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."

The first amendment actually contains a few rights, so let’s isolate this one for free speech:

“Congress shall make no law...abridging the freedom of speech.”

Pretty simple, but I will say that it comes with some limitations, which I will link to later on.

And now, for a case study:

If you haven’t heard about the SAE fraternity at University of Oklahoma, here’s what happened. A bus full of frat boys were on a bus, singing a violent and racist chant, and someone caught it on video, which went viral.  The University president found out, and not only expelled some students, but gave the fraternity members a couple of days to move out, and closed the chapter.

The things these guys were saying were disturbing enough that nobody I’ve heard of is defending them.  It was pretty vile.  But I have heard a few people say “but what about free speech?”

Here’s my argument: their right to free speech was in no way violated.  What the right to free speech entails is that congress shall make no law that abridges it--not that you have the freedom to say whatever you want without freedom from consequences.

For instance, let’s say I decided to tell one of my patients that he or she was human trash, and would never amount to anything.  I would not be arrested, jailed, or fined by a government organization.  But what could (and should) happen is that I get reported and founded for patient abuse, and very likely lose my job and my social work license.  Even with those life-changing consequences, my freedom of speech would remain intact.

You can speak your mind.  You can speak your mind without formal legal action being taken against you (see exceptions below). You cannot always speak your mind and be protected from social sanction or consequence. Nor should you be.

Limitations to the First Amendment