Friday, December 15, 2006

Freedom of Speech, or Freedom from Retribution?

To really dig in to the essence of what Freedom of Speech is, you have to be aware of the long standing rules that exist within our country. The Freedom of Speech, as with all other freedoms, carry a great responsibility.

There are very few limitations on speech. The few that have been addressed are mostly related to the general safety of individuals, and the country as a whole. The famous, if misquoted "shouting fire in a crowded theater" for example. This would not be considered speech, because it is both a lie, and dangerous to those within the theater.

You cannot slander, or libel someone, and consider it free speech. Stating provably untrue things about others is not a protected freedom of speech.

A third, and perhaps too often forgotten limitation on the freedom of speech is the so called "Fighting Words" doctrine. The Supreme court made an opinion in the case of Chaplinsky v. New Hampshire. They wrote:


"It is well understood that the right of free speech is not absolute at all times and under all circumstances. There are certain well-defined and narrowly limited classes of speech, the prevention and punishment of which has never been thought to raise any Constitutional problem. These include the lewd and obscene, the profane, the libelous, and the insulting or “fighting” words — those which by their very utterance inflict injury or tend to incite an immediate breach of the peace. It has been well observed that such utterances are no essential part of any exposition of ideas, and are of such slight social value as a step to truth that any benefit may be derived from them is clearly outweighed by the social interest in order and morality. “Resort to epithets or personal abuse is not in any proper sense communication of information or opinion safeguarded by the Constitution, and its punishment as a criminal act would raise no question under that instrument.”


You see, the Internet has created a juxtaposition for the Freedom of speech. You really cannot consider it "Free Speech" by saying whatever disgusting hurtful epithet comes to mind at any given moment. What you're really having is a Freedom from retribution. You have still wronged another human being. That injustice is merely held harmless by the fact that you are physically out of reach of the other person.


That, friends is not protected as a Freedom in this great country. Those that take advantage of the fact that they can say things and not suffer the real consequences of their actions actually work to destroy the foundation of Free Speech that this country is founded upon. Abusing the anonymity that you gain is not a true protected freedom, but instead, it is merely an affront on decency.

1 Comments:

Anonymous Anonymous said...

Well said Radio!

Lynn R

7:12 AM  

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