Free Speech Matters

Free Speech is something that has been a hallmark for change in the United States.

The movement for “No Taxation Without Representation” sparked the American Revolution and the birth of this nation. MLK’s “I Have a Dream Speech” spurred the Civil Rights Movement and gave more freedom to all Americans. Both of these movements accomplished massive feats that were years in the making. But none of this progress would have been possible without the people who stood up for freedom and understood the importance of freedom of speech.

Having the right to express unpopular and even radical ideas has been a uniquely American ideal throughout America’s history.

But freedom of speech isn’t permanently guaranteed and it must be secured and protected by every generation. The founders understood this. In the First Amendment they secured and entrusted to the people freedom of religion, speech, civil protest, peaceful assembly, expression, and of the press.

“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,” Article 1 of the United States Constitution.

But despite the First Amendment’s clarity, history has proven that these rights are relatively fragile. In the past, periods of civil unrest and wartime have brought about censorship of the press and governmental scrutiny of public opinions.

In 1798, during the French and Indian War, the Sedition Acts made it a crime to “print, utter, or publish…any false, scandalous, and malicious writing” about the government. These acts were directed toward members of the Democratic-Republic Party which dissented against President John Adams’ policies. They were eventually repealed or allowed to expire in 1800.

Another infringement occurred during World War II. President Franklin D. Roosevelt signed Executive Order 8985 which established the Office of Censorship. Although it was terminated at the close of the war, this wartime agency allowed the government to regulate public news and information. It also legalized some forms of communication interception and wiretapping.

Today, across the globe there are billions of people that still do not have the rights protected in the First Amendment.

Take North Korea for example. According to the Human Rights Watch 2022 World Health Report, North Korea limits the freedom of its citizens so greatly that wearing certain clothes and hairstyles are punishable as a crime. Additionally, “The government does not tolerate pluralism, bans independent media, civil society organizations, and trade unions, and systematically denies all basic liberties, including freedom of expression, public assembly, association, and religion,” said the World Health Report.

This points out the calamity that might befall us if we do not continue to encourage and protect freedom of speech, our First Amendment right.

You might say, “Nah, that would never happen here in America.” But, in truth, limitations are already happening.

With a quick swipe of a finger or the click of a button, our opinions can be displayed electronically, and our digital footprint is there to record it all.

Social media networks have already begun to tighten the limits of Free Speech on their platforms. Although these sites are private companies and have the right to do what they want with their platforms, it is important to note any limitations being placed on lawful Free Expression. Facebook, YouTube, and other sites have begun to search for material they deem to be potentially disruptive (bullying, hate speech, violence, discrimination, misinformation). Following the January 6th riots, X (Twitter) banned users over allegations of misinformation or the incitement of violence.

Recently, the Israel-Palestine protests that erupted across the nation have opened further discussions about the limitations of freedom of speech. Protests at MIT and UPenn had students chanting phrases like “One solution, Intifada, Revolution” and “We are Hamas” according to Fox News and the New York Post. There have been similar protests at UCLA and SDSU.

Some of the language used during these protests has caused debates about the difference between free speech, hate speech, and speech inciting violence. In the wake of these demonstrations, the presidents of MIT, UPenn, and Harvard were called before the Congressional House during a hearing on antisemitism. This hearing resulted in the resignation of UPenn President, Liz Magill and with calls for the others to resign as well according to the New York Times.

Additionally, new public policy in the state of Florida under new bill, SB 470, that takes effect July 1, 2024, will disqualify any student that promotes, supports, or endorses a foreign terrorist organization from receiving in-state tuition or from receiving state grants, financial aid, scholarships, tuition assistance, etc.

The right to peacefully express one’s beliefs and convictions is a right protected by the First Amendment, and every U.S. citizen is impacted by any action, legal or not, that limits peaceful expression and freedom of speech.

However, there is a fine line between free speech, hate speech, and speech inciting violence. It is also important to consider that slander, hate speech, profanities, treason, and violence are not protected under the First Amendment.

Violence only chips away at freedom of speech and creates a negative perception of what it means to express ourselves. And when one small part of our freedom is washed away, it can spark the beginning of a painful deterioration.

The First Amendment not only protects our voices and opinions, but also those we may not agree with. If we have strong beliefs, then we have to realize that others feel just as strongly about their convictions. It is a privilege and right to express ourselves even if our opinion or that of others makes us feel uncomfortable.

From LBGTQ+ marches to Pro-Life Demonstrations and MAGA rallies, we have to realize that no matter what we believe, everyone has a right to publicly and civilly express themselves.

And here in the United States and specifically California, this right extends to all public campuses and students across the state.

In 1992, California statute SB 1115, commonly referred to as the “Leonard Law”, extended the rights protected under the First Amendment to all public campuses and their students. As an extension of the First Amendment, this law protects students and anyone who should come onto the campus from being disciplined for speech or other expressions that would be otherwise protected on public property.

Today, we no longer have to hold a sign or shout from a street corner to be heard. But sometimes standing with a sign is a good way to express ourselves. In fact, here at Palomar, Mattenai Philip, a nursing student, has stood holding a sign that reads: “Are you going to Heaven? Free Test.”

Because he talks about life after death and the possibility that there is a heaven, Philip’s topic of choice may be considered controversial or even disagreeable. However, the First Amendment and Leonard’s Law protects his right to say it.

To learn more about Philip and his message, listen to the Telescope podcast: “The Guy Behind the Sign: Mattenai Philip.”

Here in the United States we are privileged. We can make up our own minds, practice the religion we please, speak our conscience, gather in protest, and publicly express ourselves all because of the First Amendment.

We must remind ourselves that every form of peaceful and civil freedom of expression is important. If we don’t like what someone has to say, it doesn’t mean we should use violence to express our dissent. Free speech matters, being respectful matters, and protecting everyone’s right to freedom of expression matters.

As 2023 comes to a close and 2024 dawns upon us, I hope “We the People” will stand up for freedom, acknowledging the blessings of our liberty, and protecting them for our posterity.