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.