The First Amendment gets tossed around a great deal by those who want to be heard. You will hear people say that you need to listen to them because they have the right to say what they want. This is a common misunderstanding of what the First Amendment really is. Is it a prohibition against GOVERNMENT ACTION.
It says "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."
Notice that it says Congress. In other words the government. Private citizens are well within their rights to limit speech on thier private property, in their publications and in private ventures. The point that must be made is that Government can not abridge your freedom of speech but private citizens can.
The Constitution, in its most simple form, is a list of what the government can not do and what the government is required to do. A proper understanding of this would help us all see where the government is over reaching and remind elected officials that they derive their power from the governed.
Perhaps the government, on every level, would behave more responsibly if we reminded them of this more often.
I agree 100%. I'd also like to know where people get the idea that they have the right to never be offended by something. I just read an article where several students were forced to go home and change clothes because they wore an American flag to school on Cinco de Mayo and it offended some students whose families were from Mexico. I thought the whole thing was ridiculous, and though that the school officials should have refused to send students home for wearing the flag of their country.
ReplyDeleteGovernment deriving its power from the People? A novel idea!
ReplyDeleteSo. Can a private citizen or group of citizens abridge your freedom of speech at a public meeting, such as at a council meeting? The idea has been put out there by some (see your previous post) that they are within their rights to do this...so, what gives?
No. Public meetings are just that, public. A council meeting is a governmental body holding a public meeting. They are allowed to set parameters on when you can speak and for how long (within reason) but you are allowed to speak.
ReplyDeleteA private citizen can not take away the right of another citizen to "petition the Government for a redress of grievances" as a council meeting would be the appropriate place to do so. But if a citizen comes to my house, buisness, blog, etc I have no obligation to allow them to express themselves. They are absolutely allowed to go somewhere else and express their ideas and opinions and as a responsible citizen I should allow them to do so without persecution. If however they are attempting to force the government to take action to take away mine or anyone elses right to free speech then it is not only my right but obligation to object and comment on it.
I am reminded of a quote from Thomas Paine,
"He that would make his own liberty secure, must guard even his enemy from oppression; for if he violates this duty, he establishes a precedent that will reach to himself."
Paul,
ReplyDeleteWhile I appreciate your comments I must insist that you keep your comments on topic. If you would like to suggest other topics or continue your psychological assessment of me please email me at goneright@live.com
thanks
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ReplyDeleteScott,
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