Tag Archives: Freedom of Speech

Censorship and Freedom of Speech

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Censorship and Freedom of Speech

The other day at a Halloween party I got into a discussion with a fellow who seemed to have a confused idea of the relationship between Censorship and Freedom of Speech. It’s not the first time I’ve seen this misunderstanding both in person and more commonly in the comments section on news articles.

Today I spotted a story that I think highlights people’s confusion and I hope might illustrate the difference for you.

What is the Confusion in Censorship and Freedom of Speech?

The confusion I see fairly frequently is any type of censorship is a violation of freedom of speech. People who make this mistake generally do so because it leads them to believe their political favorites are being denied their freedom of speech through censorship.

In reality, censorship is, in most cases, actually an example of freedom of speech.

The Situation that illustrates the Proper Relationship

How are censorship and freedom of speech connected? I think sports organizations illustrate the real relationship between the two fairly well. The Big 12 athletic conferenced fined Utah Athletic Director Mark Harlan for his pointed criticism of referees after BYU defeated Utah in a football game.

My party friend would certainly argue Harlan is suffering from censorship and a denial of his freedom of speech but this is false.

The freedom of speech issue at stake here is the conference’s ability to apply censorship to members of their organization. If the government came in and fined or imprisoned the conference officials for their punishment of Harlan, that would be a violation of their freedom of speech.

The act of censorship is not a violation of freedom of speech but is actually, in this case, an expression of it. Freedom of Speech is a concept that applies to the government preventing people from speaking out, generally in a negative way about the government, but also more broadly as well.

When the Big 12 censors Harlan, which they are most certainly doing, they are not violating his freedom of speech, they are actually exercising their own.

Any organization, other than the government, can censor people as part of their rules and regulations. Even the government can do so under various circumstances. The Hatch Act prevents government officials from expressing partisanship. This is, obviously, censorship, but it is not violation of freedom of speech.

Are Athletic Organizations right to Censor Criticism of Officials?

This is another question entirely and one I thought I’d touch on briefly. I think everyone should be able to criticize anyone else, slander and defamation excluded, without fear of penalty. But that being said, the people who make the rules for the Big 12 conference are entitled to do so at their whim. As are the other athletic organizations that largely have the same rule in regards to criticism of officials.

Conclusion

None of us like it when someone speaking on a subject with which we agree is censored by an organization, but it is not a violation of freedom of speech. Understanding the relationship between censorship and freedom of speech is part of being free, although so is misunderstanding it.

Tom Liberman

No One Elected Jack Dorsey and that is the Point

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No One Elected Jack Dorsey

No one elected Jack Dorsey who is the co-founder of twitter and, Senator Ted Cruz, that’s the entire point why he’s free to allow whatever sort of speech he wants on his platform. The very fact Senator Cruz is completely wrong about the meaning of Freedom of Speech as defined in the First Amendment to the Constitution is disheartening although expected.

The point of the First Amendment is that an elected official, you Senator Cruz, cannot so infringe upon our freedom of speech. The fact no one elected Jack Dorsey is absolute proof that he can do so however he sees fit.

If the publishers of Jewish website refuse to post inflammatory neo-Nazi and Ku-Klux-Klan messages that is their right to do so. If Breitbart News or some other conservative outlet doesn’t want to let Nancy Pelosi speak on their platform, that is absolutely their right. Why? Because no one elected Jack Dorsey and no one elected the owners of those organization.

It is you, Senator Cruz, you who are restricted by the Constitution of the United States from arresting me for printing this blog. That’s what Freedom of Speech means. It applies to you and your political colleagues in Washington D.C., in the governor’s mansions around this nation, in the municipal courthouses. You cannot infringe what I say or, more importantly, choose not to say. That’s the entire point!

By telling Twitter, or any other media outlet, what they must print under threat of punishment, you are violating the First Amendment. This is the arrogance of government today. Politicians like Cruz tell us; not only can we tell you what to say under threats but we’re happy to do so and cite the very document that explicitly prevents us from doing it as justification.

Madness! Insanity!

The answer to your question, Senator Cruz, is no one elected Jack Dorsey. Now, get about trying to do something to help this country rather than turn it into everything the Constitution is designed to prevent.

Tom Liberman

Freedom of Speech – Duck Dynasty and what it Doesn’t Mean

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Constitution of United StatesThere’s an interesting story making the rounds about the star of a television show called Duck Dynasty. The story seems to engender a great deal of confusion about the First Amendment to the Constitution and the idea of Freedom of Speech.

The confusion runs so deep that even the governor of Louisiana, Bobby Jindal, apparently has no idea what the Constitution means, and that’s a scary thought. A governor who is totally misguided about the Constitution of the United States!

What happened is that Phil Robertson said some things about homosexuals and blacks that people found offensive. The network where he worked, A&E, suspended him for these remarks. Immediately following the suspension people began to talk about the First Amendment to the Constitution and the concept of Freedom of Speech. They seem to be under the bizarre illusion that you can say anything you want and face absolutely no repercussions. This is in no way, shape, manner, or form the idea of Freedom of Speech.

Depending on what state you work in you can be fired without cause at any time. What do you expect would happen to you if you went up to your boss and told them you paid their spouse five dollars for a sexual liaison down in the alley? Fired! You betcha.

Could you be thrown in jail? No.

That’s the point of the First Amendment and I absolutely shudder in disbelief when someone who is the governor of one of our states apparently doesn’t understand this. When I see comment sections filled by inaccurate statements about the First Amendment it doesn’t bother me too much, it bothers me, just not to the point of writing a blog. A lot of people just aren’t that smart. They have no idea what the Constitution is about nor what Freedom of Speech means.

The pertinent part of the First Amendment reads: Congress shall make no law … abridging the freedom of speech.

What part of that could possibly be unclear? There shall be no laws written to prevent people from speaking freely. Generally this means political speech but it can cover other things. Over the years certain types of speech have been ruled not to be subject to the Amendment. Yelling fire in a crowded theater being the primary example often used.

How on earth can anyone think that A&E is passing a law by suspending Robertson?

Robertson has every right to express his opinion. Those who support him have every right to support him as loudly as they want. Those who oppose him have the same right. However, Robertson is not free from repercussions. This has nothing to do with the First Amendment.

Go on, tell your spouse how fat they are, see how much the Constitution protects you from the wrath that follows.

I absolutely support Robertson’s right to say whatever he believes. I support A&E’s right to suspend whoever they want, it’s their network. I applaud Robertson for stating his mind. Now he has to live with the consequences of that decision, good or bad. It has nothing to do with Freedom of Speech.

My advice to Governor Jindal and everyone else who is foggy on the First Amendment? Read the Constitution, good stuff there.

Tom Liberman