Yelling Fire

So if yelling “Fire!” in the crowded auditorium is not free speech but a disruptive and dangerous act, what would it mean if someone started to whisper “Poison gas! Pass it on.” Would that be free speech? Many free speech advocates are perhaps no more than adrenaline driven anarchists who revel in the spreading of incendiary discourse and hate speech through digital media outlets and social networks. Does this fall under American rights?

Will the courts take on a clarification of where free speech ends and dangerous speech and gestures and symbols begin, and how we can judge which is which? Free speech, as has the right to bear arms, seems to have run aground on the centuries old question of adhering to the letter of the law, or Constitution, or to the spirit of the law. Without a clarification that accurately describes in words the intent of such laws, putting aside how much the nuance of American English, and the milieu of contemporary life have shifted over two hundred plus years, we must get moving on creating practical mechanism for protecting the rights of the many without empowering perpetrators and threatening victims.

I suspect all of the creators and drafters of the Bill of Rights had that at heart. If we can’t accept that, then it’s time to reexamine what it is be an American.

About Jay C Ritterson
If I say nothing, it might be that I have nothing to say.

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