School systems often prohibit speech that is considered anti-Semitic or anti-Arab in order to ensure that students are not discriminated against or deprived of equal access to educational opportunity. However, that does not mean that students are prohibited from expressing criticism towards foreign countries, even if their beliefs are graphic or offensive.
“There is a difference between criticizing Israel and being anti-Semitic, and there’s a difference between criticizing the Palestine Liberation Organization (PLO) and being anti-Arab in a discriminatory sense,” said Michael Masinter, professor in the Shepard Broad College of Law.
For example, last April, there was a protest at the University of Michigan after the school announced it would be showing the movie “American Sniper,” a film about an American soldier who was a sniper in Iraq. The students from the campus objected to the showing because they felt it portrayed Arabs in a bad light. However, the school said that although the movie is centered on a politically controversial topic, hurt feelings are not reason enough to not show the movie on campus.
“There’s really not enough grounds to censor something just because it is a touchy subject, even if it is a controversial topic, because the government does not draw distinctions between good ideas and bad ideas,” Masinter said. “The whole idea of free speech is that we get to make that decision for ourselves.”
With that said, the biggest misconception when it comes to freedom of speech is that if it is offensive, it should not be said. In reality, if people monitor speech based on how listeners will be affected, they place a filter on speech, and that is the exact opposite of why the right to freedom of speech was implemented for U.S citizens.
We the people
Thanks to the First Amendment, U.S. citizens are entitled to freedom of expression, which includes the right to freedom of speech. This right was implemented because the government wanted to provide its citizens with the ability to express themselves without the fear of persecution. Because of this amendment, people are free to practice their religions, express love for a certain sex, speak their minds and, most importantly, be themselves.
“The constitution only limits the power of government and governmental officials. It does not regulate what you or I can do,” Masinter said.
For example, in countries that practice communism or totalitarianism, citizens often do not have this right, and, in many cases, they are punished for speaking out against the views of the government.
In this country, people are not only allowed to support a different party than the one in office, but there are also news networks, printed news and social media outlets that allow people to express their opinions on things going on in today’s society.
In a country that is often described as a melting pot, it is important that every individual feels comfortable enough in their home, in public and in their personal life to be who they are.
“As far as the government is concerned, I get to say anything I want, unless it is forbidden by law,” Masinter said.
Free Speech Week
In honor of the right to freedom of speech, a group of organizations headed by Robert Pittman, CEO of Clear Channel Communications, hosts a national event called Free Speech Week, or FSW. This event takes place during the third week of October and serves to bring awareness to how fortunate the citizens of the United States are to be a part of a democracy that allows them to freely express themselves.
There are many ways that one can get involved in FSW that do not involve much effort at all. Things such as telling a friend or simply speaking up on a particular matter count as taking part in this national event.
People are often afraid to speak up because they are afraid to be judged or embarrassed, but at the end of the day, as long as you do not break any laws, you have the right to say and do what you feel. This annual celebration reminds us that when it comes to freedom of expression, your right to speak your mind is your right, just as much as it is someone else’s not to agree with you.
But it’s in the First Amendment
Yes, people are protected under the constitution to practice their right to freedom of speech, but freedom of speech should never be used as an excuse for malicious acts. If your act of expressing yourself involves obscenity, threats, copyright infringement or any illegal activity, then it does not classify as an expression of freedom of speech and is not protected under the Constitution.
“We really start to talk about free speech in the legal sense when there is a law that punishes me for what I said,” Masinter said. “It can punish me by making me go to jail, pay a fine, lose my job with the state of Florida or by expelling me from a public school.”
People often interpret the right to express their thoughts and emotions as a green light to promote riots and threats, but because that completely defies the purpose of freedom of speech, depending on the situation, there can be legal repercussions as a result of the person’s actions.
“For example, threats of violence are what you would call unprotected speech,” Masinter said. “This means that the government can punish you for threating somebody with violence.”
Freedom of speech is often a huge topic when it comes to school systems and the work place with issues such as dress code and conduct. The truth is, although the Constitution gives you the right to dress however you feel, when you step into an institution, you surrender those rights, and, ultimately, you have to follow the rules and regulations of that particular institution. Learning the difference between personal belief and what actually constitutes as legal matter is important when it comes to understanding what the right to freedom of speech is.
So when it comes to celebrating this year’s Free Speech Week, take pride in knowing you are a part of a democracy that believes in the individual beliefs of its people. As you celebrate, keep in mind that others have the right to freedom of speech just as much as you do. Agree to disagree, and celebrate this year’s Freedom of Speech week by focusing on showing the world that you are not afraid to express who you are and how you feel.
