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  • Writer's pictureTina

Constant Misinterpretation

Americans hold freedom of speech to be sacrosanct. It's the first amendment ever made to our Constitution, and we fight for it constantly. It's so sacred to the American psyche that we hold it to be lawful and true no matter whether or not its violation takes place in America. Americans constantly struggle to understand that the freedom to speak out against the government of the country in which we live is something unique to us. We hold the First Amendment as a law that applies to all, regardless of nationality, region, race or creed.


Yet so many people don't understand it at all.


I am by no means a constitutional scholar. I haven't spent years studying the text of the Constitution, Bill of Rights, or Magna Carta. What I am is an American, raised in America, with American values. Someone who believes that freedom of speech is something that shouldn't and can't be denied.


However, I also know how to read.


In this day and age, people in America use the First Amendment as a shield to protect them from condemnation for their views. Fringe groups, racists, bigots, homophobes, neo-Nazis, fanatics, and others use the defense they think is offered by the First Amendment to try to protect their vitriol. They seem to think that the First Amendment guarantees them the right to say whatever they want, whenever they want, without consequence.


This is patently untrue.


While Americans are far more liberal than most countries with what is and isn't allowed speech-wise, the First Amendment does not actually guarantee anyone the right to say anything. It's exact text reads as follows:

"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.”

This text has been interpreted rather broadly by the Supreme Court many times over the lifespan of the country, and its rulings have been as varied and diverse as the country itself. According to history.com, "In general, the First Amendment guarantees the right to express ideas and information. On a basic level, it means that people can express an opinion (even an unpopular or unsavory one) without fear of government censorship." There are, however, some distinct exceptions. Obscene material, plagiarism, defamation, threats, or incitements to commit crimes are specifically not protected by the First Amendment. Someone shouting racist rhetoric in an attempt to incite violence against people of color is not protected by the First Amendment.


So where does that leave us?


More often than not, we recognize it isn't right to say these things. At times, even the people saying them know they are in the wrong. Yet it's become allowed because of the blanket of the First Amendment. Let me make one thing perfectly clear. I do not, nor have I ever, believed that we need to abolish the First Amendment. America's freedoms are a part of our national identity, and I would no more give that up than I would give up drinking water. I do believe, however, it's time to teach ourselves and our children what the First Amendment really means. That it's not okay to just say whatever we want, whenever and wherever we want. It's time to make a stand against the kind of vile propaganda we regularly are forced to accept by these hate groups. As my mother always told me when I was a small child:


If you can't say something nice, don't say anything at all.

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