So What Is Freedom of Speech

 

So what is freedom of speech?  

According to the founding fathers, it was the freedom to speak your beliefs freely.  Regardless of how those beliefs might be received or conflict with the beliefs of others. In particular, the government. 

And the interpretation of that freedom, has seen many subsequent discussions and appearances, before the supreme court.  

The most famous being. Schenck v. United States. Where Justice Oliver Wendell Holmes famously asserted, that freedom of speech did not give anyone the tight "to shout fire in a crowded theater."

Later, in Brandenburg v. Ohio in 1969, freedom of speech was further expanded to address the issues of abstract speech:

"The U.S. Supreme Court reversed Brandenburg's conviction, holding that government cannot constitutionally punish abstract advocacy of force or law violation."

As in: "speaking or asserting that you hoped that this, that or the other, befell someone that you disliked or disagreed with "

After which, subsequent supreme court rulings like  Barnes v. Glen Theatre, Inc, expanded freedom of speech, to include freedom of expression.  To the extent that totally nude exotic dancing, was an included freedom covered under the protections of the first amendment. 🤔

So today? We find ourselves at another crossroads and at another juncture in time.  What will be the interpretation of free speech, from this point forward.  

If you have been paying attention to recent actions by social media and mega tech firms? They appear to have assumed the mantle of being the absolute arbiters of all speech on their platforms.  

What does that mean and or represent to the American people?  

As historically reflected, the first amendment's freedom of speech clause, was examined in the intent and context, of all American citizens having a right to speak out against government.    

And the restrictions the first amendment prescribed, which prevented governmental retribution against American citizens who spoke out against their government. 

Therefore, the primary legal premise that will now confront the court?  Is whether those protections of speech and expression, extend to non government individuals and or entities, that seek to stifle the speech of other individuals or entities in the private sector. 

In other words?  Can a privately owned corporation, business, or entity, constitutionally restrict the exercise of free speech, by other citizens or customers r subscribers on their platforms. 

On a basic level of understanding, the issue that will face resolution before the supreme court at some point in time is this.  

Can a business, corporation, or entity, cancel the speech of other Americans and or customers, to

whom services are provided, by that business, corporation or entity. 

Specifically? Can social media platforms suspend, or permanently ban individual Americans on their platforms, because they do not agree with, like, or approve of their speech.  Including anecdotal, allegorical, or abstract speech. 

Added to that, can these businesses, corporations or

private entities, suspend and or permanently block the free speech rights of other social media platforms or businesses, that are engaged in the production, association, or hosting, of free speech platforms. 

I know that I believe I know how the supreme court will decide these issues.  The problem is, it will take the entirety of the Biden administration, before challenges will ultimately reach the court. 

And in the mean time, egregious speech transgressions will continue, against any and all who find themselves at odds with these social media mega-tech overlords, and these corporations and others, who are penalizing individuals. By refusing to host or do business business with them. 

Such has already occurred with the PGA canceling contracts with the president, after which, several banks have now withdrawn their business associations from him and his family. 

Such as the case with Bed Bath & Beyond and Kohl's having now severed business ties with Mike Lindell over his support for the president. 

Yes?  Cancel culture is in full swing folks.  And it will take years to resolve. 🤔