Free speech does not mean a free pass
Apr. 12th, 2007 07:21 am![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
jaunthieThere seems to be an awful lot of confusion these days over "the right to free speech." A certain segment of the population (and even some parts of the media) seem to equate that with "the ability of anyone to say anything they like" and "the right to not have to face any consequences for what is said." Guess what, folks. That's just not true.
Let's revisit the First Amendment, shall we? The First Amendment to the Constitution of the United States says:
"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."
In respect to free speech, what that boils down to is "Congress shall make no law abridging the freedom of speech." It doesn't say anything about preventing private corporations for firing employees who are heard being racist dicks by millions of people. It doesn't say anything about forcing them to be fired, either; it's the company's call, and it will probably be based on whether the company thinks hanging onto the guy will cost them more than the revenues they'll lose if they drop him. (Yeah, it would be nice if they'd decide based on ethics, but get real. It'll be a dollars decision.)
Now there are laws protecting whistleblowers, which is a different matter than First Amendment rights. (How well the whistleblower laws work - or don't - is a matter for another blog.) And there have certainly been instances where the First Amendment has been set aside (for example, censorship in time of war, both WWI and WWII). But by and large the freedom to speak your mind is clear, but it is in no way related to any kind of right or privilege for protection from any consequences of what you say (short of protections against assault, murder, and the like, which isn't tied to your speech). You said it; you live with the consequences, legal and otherwise.
Let's revisit the First Amendment, shall we? The First Amendment to the Constitution of the United States says:
"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."
In respect to free speech, what that boils down to is "Congress shall make no law abridging the freedom of speech." It doesn't say anything about preventing private corporations for firing employees who are heard being racist dicks by millions of people. It doesn't say anything about forcing them to be fired, either; it's the company's call, and it will probably be based on whether the company thinks hanging onto the guy will cost them more than the revenues they'll lose if they drop him. (Yeah, it would be nice if they'd decide based on ethics, but get real. It'll be a dollars decision.)
Now there are laws protecting whistleblowers, which is a different matter than First Amendment rights. (How well the whistleblower laws work - or don't - is a matter for another blog.) And there have certainly been instances where the First Amendment has been set aside (for example, censorship in time of war, both WWI and WWII). But by and large the freedom to speak your mind is clear, but it is in no way related to any kind of right or privilege for protection from any consequences of what you say (short of protections against assault, murder, and the like, which isn't tied to your speech). You said it; you live with the consequences, legal and otherwise.
no subject
Date: 2007-04-12 04:03 pm (UTC)HuuuuHHHHhhhhhh....the mere thought makes my skin leap straight off my body and start slouching towards Canada....
Uncle Andrew
no subject
Date: 2007-04-12 04:14 pm (UTC)...Imus as a journalist, I mean. While the thought of your skin jumping off your body and leaving your poor bleeding muscles and bones sitting in the chair is also disturbing, it's nowhere near as gross. ;-)