Tuesday, January 11, 2005

Freedom of Speech

Okay ... it seems that there is a general lack of understanding of the 'Right to Free Speech.'

Did people not pay attention in Civics class? Or, as it seems more and more likely in our current state of education, did they not even HAVE a civics class to pay attention in?

The much cited 'Right to Free Speech' doesn't have the protections that some people seem to think it does.... If your boss fires you because you made a statement that they deemed inappropriate ... they are not violating your right to free speech. If you are a superstar and you say something stupid and people start boycotting your work and/or attacking you in the press ... don't hold up the 'right to free speech' to protect you.

In both of those cases, yes you had the 'right' to say it.... you also have the 'right' to face the consequences of HAVING said it.

The 'Right to Free Speech' protects you from prosecution by the government ... nothing else. If I stand on a street corner and give a speech about how the government is corrupt and leading us to ruin ... as long as I am not inciting a riot, or other wise violating any laws the police (government) can't do anything about it.

Now ... what about those laws? Wouldn't that be the government limiting speech? Well ... yes and no ... the government is free to pass laws limiting the size and location of gatherings ... just not laws on what the content of the speech is. So in my above example, if I was giving a speech to 50 people at the local park ... and local law designated that any gathering at the park of more than 25 people required a permit for a public gathering ... well ... I'd better have a permit.

Now ... that same speech ... given in my place of employment ... if my boss disagrees with me ... he is within his rights to fire me (though he may have to pay my unemployment benefits ... but that's a whole different situation) without violating my 'right to free speech' ... a property owner can even call the police and have me removed from their property and/or jailed for trespass if I refuse to leave their property ... but not for what I said.

This brings me to the World Wide Web.... this wonderful media that we flit about and communicate on regularly. All too often ... particularly on the Web Forums of online games ... I see people who have had their posts locked or deleted cry 'their violating my right to free speech!'

In short ... No, they are not.

They are not the government ... and you are on forums owned and operated by them as a PRIVATE company (therefore you are posting on PRIVATE property) ... 'Free Speech' doesn't apply. If they were the government you MIGHT have an argument ... provided you were not breaking any posted rules/laws in your posts ... but even then you'd have to prove specific prosecution and suppression of the question/idea.

While you are free to go up to someone's house, knock on their door, and hand them a letter, pamphlet, or other printed media ... the person you give it too is also free to throw that information into the garbage, refuse to take it, slam the door in your face or any other response (short of causing you harm) that they deem appropriate. Like wise when you post on a web based forum the 'owners' of that forum can lock, delete or otherwise censor your post ... you are, in essence, on private property.

Also remember that the ‘right to free speech’ is not bulletproof. Try yelling ‘FIRE’ in a crowded theater that isn’t burning …. The charge may vary depending on the local laws but there could be public endangerment, inciting a riot, or other charges brought against you by the local government. Threaten to shoot the President and you’re quite likely going to find yourself being questioned by the CIA/Secret Service if it gets to their ears. These are not violations of free speech … these are attempts to safeguard the populace of the country, and that is the responsibility of government.

In this country we have the right to free speech … and that is a great thing. To be able to freely exchange ideas and opinions without fear of the government is something that many in this world would dearly love to have. But it is not the umbrella of protection that many try to make it out to be.

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