Skip to main content

Free Speech - Is the Constitution about Fairness?

If this isn't dug out at the roots we're not going to get very far defending even something as basic as freedom of speech.

The roots, the foundation of the rot, is in the notion that the purpose of the Constitution is fairness rather than freedom.

You know, actually... it's pretty close to exchanging some feel good "What would Jesus do?" for study of scripture and doctrine. (I know that some people think that's useful, but it's *lazy*.)

What the Constitution actually says, matters. Liberty and freedom actually matter. The defense of our liberty matters. But people have become lazy. Instead of adhering to the words and principles that are there they've exchanged it for what seems fair or sounds right. If something isn't *fair* then the Constitution can't actually mean that's the way it's supposed to be, right?

Wrong. Lazy and wrong. But that's what we've seen over the last how many years beginning with laws criminalizing speech as hate crimes, or criminalizing and punishing the expression of wrong thoughts on campuses... anyone paying attention has heard the earnest claim more than once that... "Free speech is not offensive speech."

Of course it is.

No speech is free if only approved speech is allowed.

And now with this... it's the *fairness* principle, and now it is that "free speech" requires shutting everyone else up so you can be heard. See... if other, perhaps louder, speech is going on that isn't fair. So those voices have to be silenced or our speech isn't free.

Maybe someone can be more pithy and direct than I can about this... the errors are three... "The Constitution is about Fairness and not Liberty." "Free speech is not offensive speech." and "Free speech requires silencing louder voices."

It's tempting to just blast people for being idiots, but political dialog and thought has been so shallow and our lives have been so comfortable that no one really knows in their gut the value of Liberty. So they need to be told. Not just that the three errors I mentioned are wrong, but that free speech and liberty have a purpose worth the discomfort.

Push back, but educate as well.

Speech can never be free if only approved speech is allowed.

Comments

A.W. said…
Hey Sy,

This is Aaron, frequent commenter at althouse.

You might want to click on my profile and check out the blog i started today. i register my thoughts on citizens united, here.

http://allergic2bull.blogspot.com/2010/01/freedom-of-expression-is-for-everyone.html

Um, but my language can be a little coarse.

A.W.
Neil Bates said…
Synova, I replied to you at Althouse, and indeed Palin didn't use a 'prompter at TEA speech but has elsewhere.

On this topic, briefly: you are completely ignoring the major EITR issue here which is the *nature of the entity* to which the speech rules are being applied. A corporation is a special legal type of "person" with limited rights, not necessarily to donate to purposes other than it's chartered business purpose. I could understand someone not agreeing with that once the issue was brought up, but to avoid it shows lack of insight into social debate issues.

BTW I like physics more, so if you're into that check my blog!
Unknown said…
You're so right,like they say,if you take away a little freedom,you take away all of the freedom.
Unfortunately we are currently caught in a cross fire of lawyers who pressure legislators,all for the benefit of banks and corporations,so freedom is no longer for everyone.

Popular posts from this blog

How Suzanne Brockman lost me.

I just finished reading the latest paperback from Suzanne Brockmann. _Dark of Night_. I'm disappointed and that's a sad thing because I've absolutely loved her series of romances about SEAL team 16 and the Troubleshooters. Aparently I'm not alone. My complaint isn't the same as most of the others... I'm great with Sophia and Dave. I even am okay with Tracey being people smart. She and Decker did seem to come out of left field. I thought Decker was great even if I thought his overwhelming conflict was pretty lame. What I didn't care for was the politics. I read for escapism, for studly dangerous men acting like men, for sex, and adventure with guns, where our military are the good guys and the SEALs are supermen and military contractor's are heroes, too. (I wonder if Ms. Brockmann realizes that the Troubleshooters ARE Blackwater?) I do not read sexy action adventure to be presented with a *cause*. It's small things but they don...

Tyranny.gov vs Tyranny.com

Compulsion is Compulsion, no matter who does it.  This is Brilliant Theft is Theft, no matter who does it. Freedom of Association has no room in it for *private* action   that takes that away Freedom of Association. If I have a business and have voluntary associations such that I choose to serve some people and to not serve others, that might make me a jerk and it might lose me business, it might make me smart and it might gain me business, but it's got to be my choice.  If I would normally serve the current disliked minority in my shop except for the fact that if I'm SEEN to serve them by the wrong people I'll have a private campaign against me as those people do everything possible to ruin me by preventing me from doing business physically or by attacking my customers or suppliers, then I am NOT free to make those choices. Does it really make a difference to losing my CHOICE to voluntarily associate if there's a law that says I may not serve "those people" o...

The Shooter

I just watched the DVD. When I saw trailers for this I wanted to see it. It's the sort of movie that I usually enjoy. It wasn't bad. In fact it was pretty good in some ways and the annoying bits weren't too hard to ignore. The end was sort of bad. Not the choices that I'd make. It took conspiracy a bit too far, away from conspiracy to "this is the way the world works." It *should* have been enough to expose the Senator and his fellows. Where was the press in this? The idea wasn't too bad. The speech his spotter's widow gave about her dead husband's choices was good. (Though why she'd go back to using her maiden name I can't imagine.) Among all those willing to look the other way were several people who were... righteous. But overall it wasn't a "conspiracy" movie. There wasn't a "conspiracy" there was only finding out the "truth" of reality. In this world president Bush re...