The Battle For Free Speech: Upholding Rights In A Changing Landscape

Have you ever be listening to someone and thinking to yourself that what they are saying is truly reprehensible? I certainly have at times in my life, and I think it's safe to say that most, if not all of us have had a similar situation. Being exposed to unpleasant speech and ideas is not an uncommon event.

But how do we react when we hear things we don't like? As much as I find some thoughts completely at odds with what I hold dear, I would never advocate for the voices speaking those things to be silenced.

That's why I found a recent poll conducted by the Foundation for Individual Rights and Expression (FIRE) as an indication of a disturbing trend. In that poll, 69% of respondents felt that the country is on the wrong track in regards to free speech. More frightening, from my viewpoint, almost one third of the people who responded to this poll said that the First Amendment goes “too far in the rights it guarantees.” And the results were virtually the same between those who identified as Democrats, and those who identified as Republican. I find that sobering.

Now, before you jump to the “well you can't scream fire in a theater” scenario, understand that is an extreme situation, and most rational people would say that is inappropriate speech. With the litigious society we live in these days, anyone who tried to pull off that stunt would be severely punished if found guilty in the numerous civil suits that would be sure to follow. So let's leave that example on the table and consider if we need to restrict free speech because the First Amendment goes “too far.”

Free speech stands as a cornerstone of democratic societies, fostering the exchange of ideas, the pursuit of knowledge, and the protection of individual liberties. While some argue for regulating speech to curb hate speech, misinformation, or offensive content, such regulations often pose significant risks to fundamental freedoms and societal progress.

Free speech serves as a vital mechanism for challenging prevailing orthodoxies and promoting social change. Throughout history, movements advocating for civil rights have relied on the freedom to express dissenting opinions and critique existing power structures. Regulations on speech could stifle such dissent, perpetuating injustices and hindering societal progress.

The enforcement of speech regulations is often subjective and prone to abuse by those in positions of authority. What one person considers offensive or harmful may be seen as legitimate discourse by another. Granting authorities the power to regulate speech opens the door to censorship and manipulation, undermining the very principles of democracy and individual autonomy.

Critics of free speech often cite concerns about the spread of misinformation and hate speech. However, the solution to combating harmful speech lies not in censorship but in promoting media literacy, critical thinking, and robust public discourse. By empowering individuals to discern fact from fiction and encouraging open debate, societies can address the root causes of misinformation while upholding the principles of free expression.

To my mind, we would do a great disservice to ourselves by continuing down the road that the rights given in the First Amendment go “too far.” We can only have a vibrant marketplace of ideas where diverse and even distasteful perspectives are valued.