America’s First Amendment is what sets it apart from the rest of the western world we have a duty to protect it – Highlander Newspaper
Post Views: 393
Neal Boortz, former attorney and popular radio host famously said, Free speech is meant to protect unpopular speech. Popular speech, by definition, needs no protection. In the rest of the western world, speech is not protected. In Canada, comedian Mike Ward was fined $42,000 by the Human Rights Tribunal for telling a joke about young disabled singer, Jeremy Gabriel. In Scotland, stand up comedian and YouTuber Mark Meechan was brought to court and fined $800 by the British government for making a video of his pug doing a Nazi salute. Whether or not one sees the humor in this, by an American standard it is clearly ridiculous that any government would infringe upon a comedians free speech rights.
America has a long history of defending even the worst kinds of speech in our society. The American Civil Liberties Union (ACLU), which fights for the rights of immigrants, LGBTQ, reparations and reproductive rights, also fights to defend the greatest constitution ever written in the history of mankind, for it provides more civil liberties and freedoms for its people then any constitution ever has.
The ACLU defended the Nationalist Socialist Party of Americas (NSPA) right to march in 1977 in Skokie, Illinois. The Village of Skokie passed three city ordinances which would prevent any future political demonstration like this from ever happening. People could not wear military-style uniforms during demonstrations, the distribution of hate speech literature was prohibited and there was a required $350,000 insurance bond to hold a demonstration. The case was taken to the Supreme Court in National Socialist Party of America v. Village of Skokie in which the ACLUs lawyers argued before the court that to prevent the NSPA from marching was a violation of the First Amendment.
The requirement of a $350,000 insurance bond is similar to todays battle on college campuses over exorbitant security costs on student clubs that want to bring incendiary speakers to campus. These student clubs, aided by groups similar to the ACLU like the FIRE Legal Network which focuses specifically on defending the First Amendment on college campuses, have argued that these security costs prevent clubs from bringing speakers to campus a clear violation of the right of the people peaceably to assemble.
Nevertheless, there are limits to the peoples right to free speech. In the 1969 Brandenburg v. Ohio decision the Supreme Court wrote, Speech aimed at sparking lawless action such as inciting a riot, true threats or words that incite violence. The problem with this is that those seeking to limit college campus free speech have used this case to justify shutting down speakers.
It should be obvious to anyone that the ruling applies to what the speaker says, not how people are offended by it. For example, if an incendiary speaker like Richard Dawkins, who has been denied a platform before by universities such as UC Berkeley, advocates for atheism and then encourages his audience members to go out and harm Christian students on campus, this would violate Brandenburg v. Ohio. Making a criticism of someones belief system or political ideology is not an advocation of violence. It was clearly not the intention of the Founding Fathers that the peoples right to freely assemble should be infringed upon or prohibited because a separate group threatens violence.
What is considered to be hate speech or a controversial idea is ultimately subjective. A Catholic student club might find sexually explicit images offensive while a person who advocates for sex-positivity might consider this to be an element of her free speech. Essentially, all people have strongly held beliefs and an identity which carries an ideology, and when those strongly held beliefs are criticized or challenged, they might very well be offended.
It is important that people do not just use their right to free speech, but they should also devise solutions to remedy violations. First and foremost, the equal time clause, Requires radio and television stations and cable systems which originate their own programming to treat legally qualified political candidates equally when it comes to selling or giving away air time, should be expanded not only to all forms of news media but also to college campuses.
Moreover, social networks should be considered public forums and subject to the First Amendment protections, meaning that companies like Facebook and Twitter cannot mitigate or shut down certain speakers while propagating others. As these social networks become an increasingly popular way in which Americans consume their news, they should be subject to the same equal time clauses as traditional news media companies.
Last but not least, public universities that consume tax dollars who deny any speakers a platform to speak should lose their public subsidies. The dollars of liberals, conservatives, libertarians and socialists, pay to support our public parks, public hospitals and even public universities. Therefore, its very usage is supposed to be available to everyone, because every American, of all ideological backgrounds, pays into the system to support these amenities that improve society.
The whole point of the First Amendment is to allow controversial speech. Words can be restricted when they incite violence or call one to action, but merely offensive words are not an incitement of violence. It was former U.S. Congressman Henry Hyde who said, Free Speech is meaningless unless we tolerate the speech that we hate. Free speech is not a privilege, its an unalienable right, and every new generation of Americans has to fight to preserve it, otherwise it will slowly be chipped away until it is completely eroded and we are left with nothing but rubble.
Read the original post:
America's First Amendment is what sets it apart from the rest of the western world we have a duty to protect it - Highlander Newspaper
- From burgers to the First Amendment: Cozy Inn wins mural lawsuit - KAKE - November 20th, 2025 [November 20th, 2025]
- Salina violated First Amendment rights of Cozy Inn on mural issue - The Hutchinson News - November 20th, 2025 [November 20th, 2025]
- After Bobby George Threatened to Sue Online Critics, CWRU's First Amendment Clinic Stepped In - Cleveland Scene - November 20th, 2025 [November 20th, 2025]
- First Amendment in flux: When free speech protections came up against the Red Scare - The Conversation - November 20th, 2025 [November 20th, 2025]
- First Amendment litigator explains the dos and donts of student protest - The Dartmouth - November 20th, 2025 [November 20th, 2025]
- We should protect the First Amendment like we do the Second - Indiana Capital Chronicle - November 20th, 2025 [November 20th, 2025]
- First Amendment lawyer Floyd Abrams and Berkshire Eagle President Fred Rutberg talk free speech, press freedom at the Triplex Cinema - The Berkshire... - November 20th, 2025 [November 20th, 2025]
- E&C Democrats: The Trump Administration is Violating the Whistleblower Protection Act and First Amendment by Retaliating Against Bethesda Declaration... - November 20th, 2025 [November 20th, 2025]
- First Amendment in flux: When free speech protections came up against the Red Scare - itemonline.com - November 20th, 2025 [November 20th, 2025]
- Judge rules Salina violated Cozy Inns First Amendment rights over burger mural - KSN-TV - November 20th, 2025 [November 20th, 2025]
- 7 Former FCC Commissioners Want 'News Distortion Policy' Rescinded for Threatening First Amendment - TheWrap - November 16th, 2025 [November 16th, 2025]
- Crystal River and the First Amendment - chronicleonline.com - November 16th, 2025 [November 16th, 2025]
- AG Sulzberger Honored with The James C. Goodale First Amendment Award - The New York Times Company - November 16th, 2025 [November 16th, 2025]
- Kansas county pays $3M for forgetting the First Amendment - Freedom of the Press Foundation - November 16th, 2025 [November 16th, 2025]
- Teachers and social media: A First Amendment fight - WGCU - November 16th, 2025 [November 16th, 2025]
- What To Know About How Florida Will Teach McCarthyism and the Cold War - First Amendment Watch - November 16th, 2025 [November 16th, 2025]
- Texas A&M University Professors Now Need Approval for Some Race and Gender Topics - First Amendment Watch - November 16th, 2025 [November 16th, 2025]
- Santa Ana cops need a refresher on the First Amendment - Orange County Register - November 16th, 2025 [November 16th, 2025]
- Was Mississippi State student arrested over 'free speech'? See what the First Amendment says - The Clarion-Ledger - November 16th, 2025 [November 16th, 2025]
- Social media restrictions and First Amendment rights for children | 'Law of the Land' on the Sound of Ideas - Ideastream - November 10th, 2025 [November 10th, 2025]
- Test your Constitutional knowledge: When can free exercise of religion be limited under the First Amendment? - AL.com - November 10th, 2025 [November 10th, 2025]
- Editing federal employees emails to blame Democrats for shutdown violated their First Amendment rights, judge says - CNN - November 7th, 2025 [November 7th, 2025]
- I am in love with the First Amendment | Opinion - PennLive.com - November 7th, 2025 [November 7th, 2025]
- EXCLUSIVE: Texas Good Ol Boys Club vs. First Amendment Krottinger Arrested Over Meme - Yahoo - November 7th, 2025 [November 7th, 2025]
- Trump Administration Speeds up New Rules That Would Make It Easier To Charge Some Protesters - First Amendment Watch - November 7th, 2025 [November 7th, 2025]
- America struggles to balance First Amendment free speech with gun rights amid political violence - Milwaukee Independent - November 7th, 2025 [November 7th, 2025]
- Man Who Threw Sandwich at Federal Agent in Washington Is Found Not Guilty of Assault Charge - First Amendment Watch - November 7th, 2025 [November 7th, 2025]
- Judge Will Order Federal Agents in Chicago To Restrict Using Force Against Protesters and Media - First Amendment Watch - November 7th, 2025 [November 7th, 2025]
- EXCLUSIVE: Texas Good Ol Boys Club vs. First Amendment - Krottinger Arrested Over Meme - Dallas Express - November 7th, 2025 [November 7th, 2025]
- Inside the 'harsh terrain' of Columbia University's First Amendment predicament - USA Today - October 28th, 2025 [October 28th, 2025]
- Biden Warns of Dark Days for the Country as He Urges Americans To Stay Optimistic - First Amendment Watch - October 28th, 2025 [October 28th, 2025]
- Victory! Court Rules that Minnesota Horse Teacher is Able to Continue Teaching in Important First Amendment Win - The Institute for Justice - October 28th, 2025 [October 28th, 2025]
- Anti-Abortion Pregnancy Centers Are Looking To Offer Much More Than Ultrasounds and Diapers - First Amendment Watch - October 28th, 2025 [October 28th, 2025]
- May the First Amendment be with you: Protester sues after Imperial March performance sparks arrest - Fast Company - October 26th, 2025 [October 26th, 2025]
- Mitchell and Mayes ask judge to toss out law against prosecutions targeting First Amendment rights - KJZZ - October 26th, 2025 [October 26th, 2025]
- Creator of app that tracked ICE talks about its removal and the First Amendment - NPR - October 24th, 2025 [October 24th, 2025]
- How Trump's Threats Against the NFL Could Violate the First Amendment - American Civil Liberties Union - October 24th, 2025 [October 24th, 2025]
- 'He played The Imperial March as he walked': Man arrested for playing Darth Vader's theme at National Guard troops sues over alleged First Amendment... - October 24th, 2025 [October 24th, 2025]
- Arizona law protects First Amendment rights. Maricopa County wants to overturn it - azcentral.com and The Arizona Republic - October 24th, 2025 [October 24th, 2025]
- John Foster: First Amendment rights and whether you really should say that - dailyjournal.net - October 24th, 2025 [October 24th, 2025]
- Creator of app that tracked ICE talks about its removal and the First Amendment - Boise State Public Radio - October 24th, 2025 [October 24th, 2025]
- Author Michael Wolff Sues Melania Trump, Saying She Threatened $1B Suit Over Epstein-Related Claims - First Amendment Watch - October 24th, 2025 [October 24th, 2025]
- Creator of app that tracked ICE talks about its removal and the First Amendment - WVIA Public Media - October 24th, 2025 [October 24th, 2025]
- Jimmy Kimmel Clash Was "Never About The First Amendment", Sinclair Exec Insists; FCC "Overreach" & Nexstar-Tegna Mega-Deal... - October 23rd, 2025 [October 23rd, 2025]
- Sinclair COO Rob Weisbord insisted that the local TV giant's recent clash with late-night host Jimmy Kimmel was "never about the First... - October 23rd, 2025 [October 23rd, 2025]
- Historys Lessons for the Second Committee for the First Amendment - The Nation - October 21st, 2025 [October 21st, 2025]
- Why did the city turn off social media comments? Does that violate the First Amendment? - WQOW - October 21st, 2025 [October 21st, 2025]
- Euphemisms, Political Speech, and the First Amendment - The Dispatch - October 21st, 2025 [October 21st, 2025]
- Indiana University Fires Student Newspaper Adviser Who Refused To Block News Stories - First Amendment Watch - October 21st, 2025 [October 21st, 2025]
- Mike Johnson Accuses No Kings Protesters of Blatantly Exercising First Amendment Rights - The Borowitz Report - October 21st, 2025 [October 21st, 2025]
- Florida chooses harassment and intimidation, over the First Amendment | Letters - Tampa Bay Times - October 19th, 2025 [October 19th, 2025]
- Test your Constitutional knowledge: Are these protests protected by the First Amendment? - AL.com - October 19th, 2025 [October 19th, 2025]
- Know Your First Amendment Rights Before the Assignment - National Press Foundation - October 19th, 2025 [October 19th, 2025]
- Lawrence school board candidates share how they would apply the First Amendment while in office - Lawrence Journal-World - October 19th, 2025 [October 19th, 2025]
- Florida chooses harassment and intimidation, over the First Amendment | Letters - Yahoo - October 19th, 2025 [October 19th, 2025]
- First Amendment rights and whether you really should say that - The Republic News - October 19th, 2025 [October 19th, 2025]
- The Knight Institutes Ramya Krishnan on the Trump Administrations Unconstitutional Targeting of Noncitizen Speech - First Amendment Watch - October 19th, 2025 [October 19th, 2025]
- A Brief Legal Analysis of the Department of Educations Proposed Compact for Higher Education - | Knight First Amendment Institute - October 17th, 2025 [October 17th, 2025]
- Attorney General Bonta Co-Leads Multistate Coalition in Defense of First Amendment Protections for Noncitizen Students and Faculty - State of... - October 17th, 2025 [October 17th, 2025]
- Brown University Rejects Trumps Offer for Priority Funding, Citing Concerns Over Academic Freedom - First Amendment Watch - October 17th, 2025 [October 17th, 2025]
- Prominent First Amendment lawyer Floyd Abrams to give annual Amanpour lecture Rhody Today - The University of Rhode Island - October 17th, 2025 [October 17th, 2025]
- Do Government Media Policies Like the Pentagons Violate the First Amendment? - Freedom Forum - October 17th, 2025 [October 17th, 2025]
- COLUMN: Jimmy Kimmel cant hide behind the First Amendment | Mike Rosen - Denver Gazette - October 17th, 2025 [October 17th, 2025]
- Journalists Turn in Access Badges, Exit Pentagon Rather Than Agree to New Reporting Rules - First Amendment Watch - October 17th, 2025 [October 17th, 2025]
- 5 days and the First Amendment's future: CSU reinstates free speech policy following weeklong protests - The Rocky Mountain Collegian - October 17th, 2025 [October 17th, 2025]
- Federal Judge Blocks Texas From Enforcing Law Giving the First Amendment a Bedtime by Banning Overnight Protest Encampments - The New York Sun - October 17th, 2025 [October 17th, 2025]
- Fox News rebuke shows Trumps attacks on First Amendment are hitting roadblocks - CNN - October 15th, 2025 [October 15th, 2025]
- Americans agree the First Amendment is important, but many are unsure why, survey says - AL.com - October 15th, 2025 [October 15th, 2025]
- Chiles v. Salazar : a Defining Test for the First Amendment - City Journal - October 15th, 2025 [October 15th, 2025]
- State of the First Amendment Address to focus on algorithms, free expression, AI - University of Kentucky - October 15th, 2025 [October 15th, 2025]
- New York Times, AP, Newsmax Among News Outlets Who Say They Wont Sign New Pentagon Rules - First Amendment Watch - October 15th, 2025 [October 15th, 2025]
- Editors notebook: The First Amendment under threat in Tennessee - Tennessee Lookout - October 15th, 2025 [October 15th, 2025]
- U.S. news organizations reject Pentagon reporting rules, say they undermine First Amendment - The Globe and Mail - October 15th, 2025 [October 15th, 2025]
- Why free speech rights got left out of the Constitution and added in later via the First Amendment - The Fulcrum - October 15th, 2025 [October 15th, 2025]
- California Wants To Punish Social Platforms for Aiding and Abetting the First Amendment - Reason Magazine - October 15th, 2025 [October 15th, 2025]
- Hegseths First Amendment war: The press is correct to walk away from ridiculous Pentagon pledge - New York Daily News - October 15th, 2025 [October 15th, 2025]
- The First Amendment is fading and we are letting it happen - Talon Marks - October 15th, 2025 [October 15th, 2025]
- Friday Oct. 17 12:30pm-1:30pm Zoom event: Trump, the Media, and the First Amendment - Reason Magazine - October 15th, 2025 [October 15th, 2025]
- California wants to make platforms pay for offensive user posts. The First Amendment and Section 230 say otherwise. - FIRE | Foundation for Individual... - October 13th, 2025 [October 13th, 2025]
- 'Retaliation For Protected First Amendment Activity' - NASA Workers Union Sues Trump Over 'Unlawful' Effort To Strip Collective Bargaining Rights -... - October 13th, 2025 [October 13th, 2025]