Freedom of Speech: What it Really Means to Tim Hardaway

I've heard and read people complaining that when a public figure gets slammed, fired, or criticized for saying something offensive that their freedom of speech was infringed upon. To explain how freedom of speech really works, let's visit the following example.

This week, former National Basketball Association (NBA) star Tim Hardaway expressed his feelings about gay people in sports. Mr. Hardaway didn't simply say he disagreed with gays in sports; he went out of his way to say "I hate gay people. Let it be known" when it was revealed that a former player had come out of the closet. Mr. Hardaway was supposed to be representing the "NBA Cares" program this weekend at the All-Star game. This program, according to the website, is "the league's social responsibility initiative that builds on the NBA's long tradition of addressing important social issues in the United States and around the world."

Naturally, Mr. Hardaway was removed from his position. He even apologized for the way he worded his views. Isn't he allowed, like every other American, the freedom to say what he wants? Was this an infringement of his right to freedom of speech? The answers are yes to the first question, and no to the second.

The Constitutional article states that 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. The common interpretation is that you won't go to jail if you say you hate your job, screw my President, and goats are attractive. You could say this sitting next to an off-duty cop in a bar and you won't get arrested. You could announce to the world that one day you envision a universe full of cats and death metal, you won't go to jail based on those statements whether the government agrees with you or not.

The only time it gets hairy is when you threaten yourself or others around you with your words. If what you say presents a "clear and present danger" to others, you could find yourself arrested or detained. Basically, freedom of speech means the government can't arrest you for saying something unpopular unless you threaten other people.

Notice it is the Constitution and not the NBA that sets the guidelines for this law. The NBA can't have Mr. Hardaway arrested, but it can relieve him of duties as a representative for a program that addresses social issues, such as diversity. Even if he felt wrongly terminated and decided to sue the NBA, he still was not arrested and his comments were still printed. There was no government order to have his words stricken from the press. Therefore, Mr. Hardaway exercised his right to freedom of speech without interruption, yet it cost him a job.

Just as with the rest of your life, everything comes with a price. As a member of the military, there are certain things that I cannot say or do that every other American can say and do because of what common misinterpretations could cause. For example, let's say I disagree with a Senator's stance on a bill and they are having a rally in front of the building where he works. I could attend the rally, but not in uniform, because it may look like the military is against his views when it is just me. I am not allowed to join a hate group as an active member. I am not allowed to tell a lower-ranking individual who to vote for. I can be in favor of a political party or person, but I cannot blatantly have "Vote Republican" all over my work area. There are even limits as to how big of a bumper sticker I can put on my vehicle when it comes to politics.

It isn't an infringement on my freedom of speech because I chose to take these limitations in order to better serve my country. Even if I violated them, I wouldn't get arrested. I'd probably get court-martialed, discharged, or face serious non judicial punishment. But even as I and many others represent the freedoms you all have, it comes with a price. So be sure you know what you are talking about when you think someone is losing their freedom of speech; we are out there defending it every day.