“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.” – The Constitution of the United States
This is a powerful statement developed by the Founding Father of the United States. This is the major foundation for the professions of journalism and public relations; however, we pose the question: How free are we to speak what is on our mind? The belief that we are able to speak our truths free with no repercussions seems idealistic. But as Scott Bacon claimed in the podcast above, “There are legitimate arguments for and against, depending on the scenario but…in general it’s obviously one of the bedrocks of this country.” However, today there are ever rising questions about the full extent to which we are able to speak our minds.
Defamation
Freedom of Speech allows us to communicate our ideas without the threat of being persecuted if someone disagrees. However, as pointed out in the podcast above, there are multiple grey areas that exist, such as malicious intent as Scott Bacon claimed. There are a multitude of instances where men and women use freedom of speech to bring down other individuals, but that does not mean it is against the law. For example, the groundbreaking case of New York Times v. Sullivan, the Supreme Court created the malice standard. The malice standard is a set of criteria that an article of the press must possess before it can be deemed actual malice and defamation. This means there is some leeway with words before they can be considered defaming or intended for malicious purposes. This does not mean that your publics, or target, will appreciate what you have said, it just means that you cannot be legally prosecuted. These are instances in the United States in which free speech has run into question, however, international acceptance of freedom of speech is a much different, and at times troubling, story.
International Acceptance?
The idea of freedom of speech is by no means an international standard. Violence has, at times, erupted in other countries on the varying interpretations of freedom of speech. Recently, there was an attack on the satirical magazine Charlie Hebdo in France. According to Cristina Silva with the International Business Times, the magazine is known for pushing, yet remaining within, the limits of freedom of speech/expression with their cartoons of the Prophet Mohammad. The attack was orchestrated and carried out by a group of individuals who were offended at, what they believed to be, sacrilegious depictions of their Prophet. Yet this is not the first time in history where a group of individuals took offense to someones published opinion.
Salman Rushdie published a novel called “The Satanic Verses,” which angered the Muslim community. The controversy brought about multiple attacks; and, according to Todd Green with the Huffinton Post, Rushdie was placed under a fatwa, or sentenced to death. Rushdie, for his work of fiction was forced into hiding to avoid death. Even though many countries recognize the freedom of opinion and the ability to freely state that opinion, there are still many who will deem an opinion unfit for the public and attempt to silence.
Where do We Stand?
Freedom of speech is a human right, however, we have discussed this issue on a federal and global scale, but how does this right hold up on a college campus? We will explore this issue and examine how the idea of freedom of speech on a college campus holds up in comparison to what we explored today.
This issue is a critical one, and it constantly under the microscope. However, it is up to us to never allow ourselves to be silenced simply because have a differing opinion. We must self regulate and respect the men and women surrounding us. Do not use your freedom to offend, oppress or harm. Instead, use your words to enlighten, inform and protect, for if we are able to do this, our freedom will continue to exist.
Lastly, we would like to send our thanks to Scott Bacon for taking the time to participate in this conversation, and remember to leave your comments or questions regarding this topic in the comments section.
We are comm studies, and this is what we do.