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Free Speech at the Crossroads
No matter where you stand on the political spectrum, questions surrounding free speech are hot-button items these days. Should anyone be free to say anything, about anyone, at any time, and to any audience? If not, who’s responsible for moderation, and what are the rules? And at what point does moderation become censorship?
Before we consider these questions directly, let’s start with a review of relevant legislation and technology, using our situation in the US as a point of focus.
The US Bill of Rights
The First Amendment to the US Constitution, ratified in 1791, states:
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 language is gracefully brief and concise, but I think there are a number of significant elements worth pointing out.
- By implication, the authors had in mind three principal players: churches; ordinary citizens; the press (traditionally consisting of publishers and journalists).
- There is nothing in this amendment offering to shield anyone from the consequences of their speech, or to…
