Okay kids. Let's talk freedom of speech. I think the 1st amendment is the most contested of the 27 amendments that have been ratified, so I'd like to weigh in with my opinion and a few indisputable facts.
I started meditating on Freedom of Speech and its meaning a few days ago when Richard Spencer was stripped of his credentials and ejected from the Conservative Political Action Conference, better known as CPAC. For those of you who don't know, Richard Spencer is the president of the National Policy Institute, a white nationalist think tank, and a very outspoken white supremacist. He stands by the policies of Adolph Hitler and has called for a "peaceful ethnic cleansing" in America. When interviewed outside the conference after his ejection he made several comments that were taken as a call to action for white supremacists. He also stated that white American citizens of European descent have become a minority in this country. First of all, so what? This country was created to be a melting pot, not a glass of milk. Second, NO THEY AREN'T. I'm so sick of uneducated people making that assertion. Look at the facts. Based on the most recent U.S. census non-Latino Caucasians make up 63.7% of this country. The next most prominent ethnic group, Latinos, only constitutes 16.3% of the population. That means there are 4 whites for every Latino citizen in this country. And that ratio becomes even more unbalanced for African Americans (12.2%), Asians (4.7%), American Indians (0.7%), and those considering themselves multi-racial (1.9%). So in what way are whites a minority? I will fight to the death for Freedom of Speech, even hate speech, as long as those words are factual, legal, and based in reality. Mr. Spencer fails on all fronts. So let's take a look at what Freedom of Speech does/does not mean in this country.
Fact 1: Although many don't like to admit it, Freedom of Speech was created to protect unpopular opinions. That is the essence of why it exists. Think about it. No one needs to create a law to protect people from shouting "I love puppies!" or, "Rainbows are awesome!" No. The founding fathers created the law to protect outsider beliefs and those that could cause offense. More importantly, Freedom of Speech was first contemplated as a means to allow citizens to voice their dissent against political officials and government. The 1st amendment sort of grew out of a distaste for the oppressive rules of the British monarchy.
Fact 2: The amendments to the constitution protect citizens from legal retaliation in the criminal courts, not the civil courts with the noted exceptions of slander and libel. You can say as many hateful things as you want without risk of being arrested or prosecuted. In the case of slander (verbal defamation) and libel (written defamation) you can still say whatever you like as long as what you say is true. But that doesn't mean that society can't punish you in its own way. For example (and this may surprise some of you) I firmly stand behind the right of a bakery to say they will not make cakes for gay weddings. A bakery is a privately owned business and, just like any other business, they have the right to refuse service to anyone they choose. That being said, I defend the rights of any citizen who refuses to patronize those businesses. I also defend their right to hold protests outside the business on public property. That right is also guaranteed under the 1st amendment. Another example would be Chick-Fil-A. The restaurant chain's president, Dan Cathy, is a right-wing Christian conservative who has spoken out against LGBT rights. He's allowed to do that. It's a privately owned business and he's entitled to his bigoted opinions. I however, am expressing my rights by refusing to eat there.
As I said, I will defend Free Speech to the death, but there are lines. Statements made that cause physical harm to an individual, both perceived and implied, are off limits. There's a reason you aren't permitted to yell FIRE in a crowded theater (unless there actually IS a fire). The resulting panic of individuals rushing to get out and save their own lives would cause great harm to everyone around them. Telling someone to act out in a dangerous way is off the table as well. You can't tell a rally of people to kill all the n****rs. You can't threaten anyone's life in general. You can't preach in an effort to evoke harm. You can't call citizens to act in a violent or illegal manner.
There is also the line of protected classes. You can't refuse service simply because someone is black or because they are Muslim. You have to ensure that your business is handicapped accessible. You can't refuse to hire women. There are certain demographics like age, sex, religion, ancestry, etc that the government has decided warrant special protection under the law. That's pretty awesome but it's only a start. Right now there are only 10 protected classes. That list needs to be much longer. So far there are no civil protections for those of the LGBTQ community and that is a travesty. I'm not gay myself, but I stand my all my fellow citizens. No H8.
So, as long as what someone has to say is factual, legal, and based in reality, I support their right to say it. Supporting free speech is fundamental in a democratic society. But just as hate speech is legal, so is our right to speak out against it. Just last month I told off an elderly man for making a horribly racist statement to a black pharmacy clerk. As Michelle Obama said, "When they go low, we go high." We have to stand by our moral convictions and let the world know we what we will and will not tolerate. We might have to suffer under a delusional, nationalistic, autocrat in the White House but we can be still be vocal about our dissent. That is our right and our duty as American citizens.
P.S. I do like puppies.
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