Freedom of Speech: The First Amendment Explained

The First Amendment of the United States Constitution guarantees the right to speak freely. It conveys that Congress shall make no law "abridging the freedom of speech." It is implied the right already exists according to natural law. If this were not true, there would not be anything in existence that could be abridged, and the amendment might instead read, "We hereby grant the right to speak freely." Because our rights come from God and not from government, the Constitution alludes to the fact our rights are already present.

In a similar vein, the Second Amendment states, "...the right of the people to keep and bear arms shall not be infringed," instead of stating the right is only currently being established.

Freedom of speech is similar to freedom of movement, which is also natural law or a truth that is self evident. We have a right to swing our arms, and there are no police who are going to place us in handcuffs merely to prevent this or limit the right in case some people abuse it. In this sense, there are no limitations on freedom of movement, but there is accountability if the right is exploited. In familiar parlance, it is said: "The right to swing one's arms stops at another person's face."

Most of us have heard about "shouting fire in a crowded theater" and understand it as a limitation of free speech. However, ushers are not going to place tape over people's mouths upon entering the theater to limit their rights. People have freedom of speech, but there is also accountability that accompanies misuse of the right. Some people fail to understand this and actually believe freedom of speech means freedom from responsibility, liability or penalties for harm that may have been caused.

Let's take a look at some of the civil or criminal consequences for harm brought forth while exercising the right of free speech.

First, there could be charges of slander, libel or character defamation. Slander, according to the Encarta Dictionary, is "the act or offense of saying something false or malicious that damages somebody's reputation." Libel is defined as: "A false and malicious published statement that damages somebody's reputation."

We also used to have the Sedition Act of 1918. Wikipedia informs us: "The passing of this act forbade Americans to use 'disloyal, profane, scurrilous, or abusive language' about the United States government, flag, or armed forces during war." Although the act was repealed in 1920, I believe it had a lot of merit and should possibly be revised and brought back today.

Speaking the truth with a good heart is the best use of freedom of speech and it exemplifies the utmost value of the right. Deprivation of freedom of speech is one of the worst violations that can be imposed upon the human soul. This is the purpose of the First Amendment: To guarantee our most basic freedom.

Sources:

encarta.msn.com

en.wikipedia.org