2008 Woodie Awards
Free speech does not include freedom from harsh criticism
Derek Dobachesky
Issue date: 4/21/08 Section: Soap Box
America's Founding Fathers were so concerned with the concept of liberty that they debated vigorously about whether our Constitution should even include a Bill of Rights.
That's right: Many of the Founders against the Bill of Rights from the start. Thomas Jefferson, though, was dead-set on including a Bill of Rights, and, though he was not present for the Philadelphia Convention, insisted on ratifying one upon his return from France, where he served as a foreign minister.
The reason many were opposed to this concept was that they believed that if certain rights were enumerated, that would lead to the presumption that no other rights existed. However, the Bill of Rights has since become a staple of both our government and American society as a whole. The apparent conundrum was avoided through the Ninth Amendment, which specifically states that the enumeration of certain rights shall not deny or disparage other rights, which are retained by the people.
One of the fundamental rights which the drafters of the Bill of Rights saw fit to enumerate was freedom of speech. However, this right is so cherished in our society that many throw it around in absolutely inappropriate circumstances - often with no other goal but disparaging the free speech of others.
How often is the old trope thrown out there that we shouldn't criticize those who burn flags because we must respect their First Amendment right to free speech? Similarly, how often do we hear rants about how everyone but straight, white, Christian males have free speech because an individual is reproached for expressing either a racially insensitive view or a borderline-misogynist view?
The fact is, everyone has free speech and part of that free speech is the ability to tell others how stupid, racist, hateful, reverse-racist, elitist, anti-religious and whatever else you think their views are, in however harsh terms you should choose to phrase your statements. In fact, part of that free speech is the ability to advocate against the right to free speech entirely. None of these things violate the First Amendment. Amazing!
That's right: Many of the Founders against the Bill of Rights from the start. Thomas Jefferson, though, was dead-set on including a Bill of Rights, and, though he was not present for the Philadelphia Convention, insisted on ratifying one upon his return from France, where he served as a foreign minister.
The reason many were opposed to this concept was that they believed that if certain rights were enumerated, that would lead to the presumption that no other rights existed. However, the Bill of Rights has since become a staple of both our government and American society as a whole. The apparent conundrum was avoided through the Ninth Amendment, which specifically states that the enumeration of certain rights shall not deny or disparage other rights, which are retained by the people.
One of the fundamental rights which the drafters of the Bill of Rights saw fit to enumerate was freedom of speech. However, this right is so cherished in our society that many throw it around in absolutely inappropriate circumstances - often with no other goal but disparaging the free speech of others.
How often is the old trope thrown out there that we shouldn't criticize those who burn flags because we must respect their First Amendment right to free speech? Similarly, how often do we hear rants about how everyone but straight, white, Christian males have free speech because an individual is reproached for expressing either a racially insensitive view or a borderline-misogynist view?
The fact is, everyone has free speech and part of that free speech is the ability to tell others how stupid, racist, hateful, reverse-racist, elitist, anti-religious and whatever else you think their views are, in however harsh terms you should choose to phrase your statements. In fact, part of that free speech is the ability to advocate against the right to free speech entirely. None of these things violate the First Amendment. Amazing!
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