Issue 49 Free Speech April 5, 2013

What is free speech exactly? Is it the privilege to say anything you want? Are there limits? Well if you're a person like me, then it is the ability to say whatever you want, but you are responsible for the results of what you say.

It is a right: As we all know, the freedom of speech is a "natural right." We can express our opinions in almost any way we deem appropriate. However, like most rights, while it is something that cannot be given to another person it can be suppressed. Governments like China, and Saudi Arabia, limit speech to protect themselves from a popular uprising. They limit the exposure of their people’s voice by restricting Internet access and censoring what is said in news papers and magazines. North Korea has complete control over the media and controls everything that is said. Here in America, we take our freedom of speech for granted. There are people who will try and shout people down from the podium because they do not agree with their views. Is it selfish, yes. But it is done because some people don't want to have a conversation and develop the issue to the point where it can be resolved, they rather it is their way, or no way at all. So the only tyranny we face in America is the masses, both large and small, trying to drown out other points of view.

For me the definition of the freedom of speech (a libertarian definition at that) is: the ability to express your thoughts and ideas in any way you so choose, so long the other persons rights are not violated in the process. With the sole exception being a liar (also known as libel) in which case the subject who is lied about has the ability to sue for any damages that result. So long story short, you are responsible to what you say or in some cases due. By the way harming someone is not speech, and I know some of you were thinking that this definition included the physical harm of someone else or the even the destruction of another persons property. They are not speech.  That is violating someone’s right to life, there ability to live without fear, and their personal property rights.

Limits: Some of you have heard that you cannot say fire in a movie theater even though it is speech. Truth is you actually can. The example here was actually rhetorical that was put into the final decision of a United States Supreme Court case. You can actually say fire, if there is one, if the audience in the theater thinks this is part of an act etc. But say it causes a panic, and people are harmed. This is why people simply say "you can't say fire in a movie theater" because of the possible consequences of that action. In truth, you will not be arrested for the actual speech, but the results of that speech.

Similarly, you cannot instigate a riot with your speech. A person can say things that will make people want to harm those around them, or even harm the speaker themselves. But due to how the crowd may act, the police will unfortunately arrest you. Our societies have not evolved to the point where we can just ignore and even isolate the individuals we truly don't agree with because of there backwards views i.e. racism, slavery and the like. Essentially, when it comes to something you don't want to hear or see, as part of your freedom of speech you may advert your eyes and even shut your ears.

Obviously, as stated earlier, you cannot steal, or destroy another’s property for the sake of speech as you are violating their rights. You cannot harm or kill someone for the sake of speech, for again you are violating someone’s rights. Does this actually need to be explained? Well it does because protesters will sometimes abuse their freedom and harm other people purposefully as in the case of the occupy movement where some of their cohorts purposely destroyed and ransacked peoples businesses and homes. The moment when you start violating another person’s right's with your freedom of speech and expression, it stops being a freedom.

Are products Speech?: I ask this because the U.S. Supreme Court has at one point ruled that child pornography is speech. Do I agree with this decision, HELL NO. But at least the court ruled it as an exception to protect children. However, if even child porn counts as speech, what other items count as speech. All photographs, movies, books, artwork and all other forms of art, architecture (think Statue of Liberty) and literature count as a form of speech. Then, does an I Phone count? Does a television count? I know they count as property, but can property count as speech? I guess in certain circumstances they can, depending on how they are used. In this instance I would site flag burning as an example. A person is destroying an item they own to make a point. You can also decorate an item a certain way to make a statement about your self. This would even encompass fashion. Thus, your right to own property and the freedom of speech overlap.

The freedom of speech is something often taken for granted until it is taken from you. Just remember, it is your responsibility to use your freedoms wisely. If you don't like what is being said or done for the sake of another person’s freedom of speech, as per your freedom of speech, you may advert your eyes and clap your ears shut. You are responsible for maintaining your own freedoms and protecting your rights, always keep that in mind.