Eight Values of Free Expression

 

Eight Values of Free Expression

Throughout the beginning weeks of the fall 2024 semester, I have taken a dive into the deep end regarding the emergence and evolution of First Amendment law. The First Amendment 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 concept was constructed to protect pure speech, protest, expressive action, freedom of the press, and any other form of free expression; contingent of course on the absence of action, as the First Amendment is not a shield against laws of general applicability. It served as a foundation for Americans, allowing us to have fundamental human rights while freeing our religion from the constraints of the government.

From the First Amendment arises a series of theories, each serving as one of eight values of free expression. These eight values include: Marketplace of Ideas (John Milton), Participation in Self-Government (Alexander Meiklejohn), Stable Change (Benedict Spinoza), Individual Self-Fulfillment (C. Edwin Baker), Check on Governmental Power (Vince Blasi), Promote Tolerance (Lee Bollinger), Promote Innovation (Jack Balkin), and Protect Dissent (Steve Shiffrin). Of these eight theories, the two most utilized by the Supreme Court include Milton's Marketplace of Ideas and Meiklejohn's Participation in Self-Government. I however feel in today's modern era, the two most applicable theories would be Spinoza's Stable Change theory, and Bollinger's Promote Tolerance theory. 

Benedict Spinoza's "Stable Change" theory, also known as the Saftey Valve theory, states as follows: "It has been suggested that a society in which angry and alienated citizens are allowed to speak their minds or 'vent', will be more stable, as people will be less likely to resort to violence. Allowing the alienated and disconnected to speak freely enables the government to better monitor potentially dangerous groups who would otherwise act more clandestinely." America at its foundation was built to give those without a voice the ability to make a difference. In a time where the political state of the US has reached a pivotal election, it is more important now than ever to allow those who are normally alienated by society an opportunity to speak their opinion on the current problems in our system. When looking from a security standpoint, it is even more important, as according to the 

Pew Research Center, The U.S. foreign-born population reached a record 46.1 million in 2022, 77% being in the country legally. Allowing this population to speak about their experiences and voice their opinions can help our government understand how to create a society where all people can function simultaneously without conflict, and how to keep our country secure so that the unauthorized immigrant rate can decrease. 

Demonstrators write messages on the 
Rochambeau statue in Lafayette Square during 
a protest Saturday against the war in Gaza.
 (Samuel Corum/Getty Images)

When looking into protesting situations like the Pro-Palestine vs Pro-Israel rallies, It is important to understand the benefits that can arise from a voice of opinion. The problems however arise when individuals cross the line between what is protected by the First Amendment and what isn't, like vandalism. This article from The Washington Post shows an example of statues in Lafayette Square, Washington DC that were vandalized during a Gaza cease-fire protest. According to Michael Bryce Saddler, "Thousands of demonstrators — many of whom had arrived on buses from more than two dozen cities — had surrounded 

the White House with a wide strip of red fabric Saturday, saying they were drawing a red line for President Biden, and calling for a cease-fire in Gaza. During the rally, demonstrators were seen scrawling graffiti across several sculptures in Lafayette Square." As you can see from this short quote, there is a clear point at which the protest turns from peaceful to destructive. Listening to those who are unheard of and understanding their viewpoint is the first step in solving the bigger issue and keeping our monuments and country safe.

Finally, Bollinger's "Promote Tolerance" theory states: "Freedom of Speech, especially through our practice of extending protection to speech that we find hateful or personally upsetting, teaches us to become more tolerant in other aspects of life - and that a more tolerant society is a better society." This value allows our society to maintain our inherent freedom of speaking our opinion, while also providing the freedom to decide what is socially acceptable and what isn't. In simple terms, our government can refrain from legal action regarding hate speech because it is an ethical issue resolved naturally by public opinion. 

Kramer Goes on Racist 

Tirade at the Laugh Factory 

November 17, 2006

Take, for example, Michael Richards, also known as 'Kramer' from the timeless sitcom Seinfeld. On November 17, 2006, Mr. Richards performed a comedy routine at the Laugh Factory in Los Angeles. During this performance, he went completely off track from his routine and began repeated use of racial slurs towards African American audience members. This Performance led to a downfall in his career, as he was shut out of the public view from widespread backlash. 

Almost twenty years later, this concept of society removing those who participate in hateful speech from the public spotlight has only grown stronger. It seems as though there is a new person of power exposed, and expelled from society for comments or statements they have made. Celebrities and pop culture figures are examined like lab rats when it comes to their personal beliefs and what they say, and this is because they know what will happen to their social status if they misalign their beliefs with their viewer demographic. 

The History and Workings of the US Supreme Court

The History and Workings of the US Supreme Court

After watching the series of informational videos, (1)(2), on the history of the Supreme Court, there was a handful of key takeaway points and interesting facts. The Supreme Court of the United States of America is the most powerful judicial body on earth, with its legitimacy paved by the Constitution, and its power resting on the public. A Supreme Court Justice, once nominated by the President and confirmed by the Senate, is responsible for equally and fairly conferring their opinions with each other to determine the proper verdict on any case assigned. 

Some things that I was unaware of before watching the videos include, Firstly, under Chief Justice John Marshall the Supreme Court for the first time asserted the greatest of all judicial powers; striking down an act of Congress as Unconstitutional. In Marbury vs. Madison (1803), Marshall claimed, "It is empathetically the province and duty of the judicial department to say what the law is." Marshall established in this case the doctrine of judicial review, preventing any one branch of the Federal Government from becoming too powerful.  This is a foundational piece of our judicial system as it stands today, and it was surprising that I just now came across this information.

The most important takeaway point about the Supreme Court that I learned from watching these videos would be a quote from Justice Ruth Bader Ginsburg, in which she claims, "Remember that 'We the People' were composed of a very small part of the people inhabiting these shores. No women could vote, people were held in bondage, and Native Americans were not treated as citizens of equal stature and dignity. So, those people do count among 'We the People' our Constitution embraces today, although it did not at the start." This is key because it shows the progress in the US Judicial system throughout the past two hundred years. Because of the Supreme Court, there has been a multitude of societal issues that have been settled, and with each case, no matter whom, being individually reviewed by Justices weekly, every petition gets the same individual opportunity and consideration. 

Through gaining more information on the workings of the US Supreme Court, My thought process is very considerate of our Justices. They rule the workings of our nation and do so in a comprehensive, equitable way. Through mutual respect for each other, they are able to deliberate arguments courteously to arrive at conclusions that shape the way our lives work. 

 

 Top Five Sources of News and Information

    In today's world, our sources of news can come from various channels, whether it be through video media, online articles, journals, or an old-fashioned newspaper.  The problem however is that with such a divided political structure in modern America, news sources tend to cater to their specific beliefs and stray from political views that they do not want to talk about. This of course can clearly be seen through television news, for example, Fox News, which leans heavily towards the right, and CNN, which is very left-sided. Personally, I tend to stay away from these media sources, as they provide news mainly for their demographic, not maintaining neutrality. 

    I use many different platforms to gain information on many different topics, including politics, sports, pop culture, music, and more. Each genre of news tends to have a different source for what I believe gives me the most information to form a reasonable opinion.  

 

1) Twitter/X

    X, previously known as Twitter tends to be my main source of information regarding politics. Twitter was a platform known to be open to freedom of speech, keeping an open-minded approach to the content that it allowed. This created a platform full of controversial arguments. Because of this Twitter developed policies to rule out "misinformation" and harassment, however, this extended beyond the span of threats and hate speech. Because of this Twitter was attacked by both parties for censoring their political beliefs, which is a First Amendment right. 

    After Elon Musk Bought Twitter for $44 Billion in late 2022, he envisioned a platform in which people can express their beliefs without the threat of censorship. Because of this members of society from any political viewpoint can share their thoughts, as long as they do not use hate speech or threaten others. While there are not many specific X users I refer to for my news, I typically scroll through the For You section to stay up to date on day-to-day updates. X Provides the convenience of being able to scroll through a topic and easily complete further research on this topic from several various reputable viewpoints. 

2) ESPN

    Straying from the political aspect of news and information, I will now dive into ESPN, my main source of sports media content. As a collegiate hockey player and lifelong athlete, I like to stay up to date on major sports news when it comes to the sports I enjoy, which include hockey of course, as well as football, baseball, basketball, and more. ESPN's interface allows the user to select their favorite sports teams, displaying these teams on their home page so that they can immediately view breaking news, rosters, injuries, and many other statistics. I personally have push notifications enabled so that whenever a major update related to my favorite teams happens, I immediately get notified. The structure of their application provides scores for every live sports game being played across the globe. They also provide live game casts for every sport, so the public can consistently stay up to date with each shot taken, pitch thrown, or penalty called. 

3) TikTok

    When attempting to get a better grasp on the constantly changing pop culture in America, I admittedly turn to TikTok to stay up to date. While I am very aware TikTok is one of the least reputable sources of information, there are still many ways to gain good information throughout the platform. When referring to a pop culture topic, you can easily search and find thousands of videos of people sharing their opinions. With so many different people able to give their own personal feedback, there is so much information at the tips of your fingers, you just have to be aware that many people are uneducated on the subjects that they are talking about. TikTok also allows me to see news clips or other short-form media that I would otherwise most likely never view. It is a great source to find out about new things happening, but I would certainly recommend researching the topic through a different channel. 

4) Podcasts

    I often listen to podcasts through Spotify or Apple Podcasts, and Its been a very helpful way to learn new information while actively getting other obligations completed. One podcast that I listen to weekly is The Joe Rogan Experience. Joe Rogan invites famous guests onto his shows, ranging from pop culture figures and politicians to doctors, engineers, astrophysicists, and more. While Rogan, the host of the podcast, is not an expert in any case on many of the topics he talks about, the guests he invites are decorated members of their designated fields. In one episode, for example, Joe Rogan talks with Neil deGrasse Tyson about various astrological topics. I mainly listen to some of his older episodes to gain more general information on subjects rather than popular news, however, these podcasts are newly uploaded with guests that fit the current topics floating around pop culture and politics, so you can gain good information from professionals about modern problems and issues. 

5) Youtube

    I am an avid music listener, and with so many artists releasing music every day it can be hard to keep track of what's new. I like to use YouTube to learn when my favorite artists are releasing new music. The great thing about YouTube is that there are millions upon millions of videos about every single topic, so while I'm catering this section of the blog to music, there are millions of media sources for pop culture or political news as well. YouTube has specific sections of its home page dedicated to music-related content, from music videos to informational and reaction videos. YouTube is also an industry standard for Music, so almost every song ever created and released to the public can be found on its platform. There are even several playlists of artists' unreleased music that are not supposed to be available to the public. Overall it is a very good and dependable source for information on the music industry, but is applicable to many other subjects.