An Examination of The First Amendment: The Freedom of Speech

The Signing of the US Constitution

On September 17th, 1787, after four long months of conflict and painstaking work, 39 men signed the US Constitution, which from that point forward would be the supreme law of the land (U.S. National Archives, 2023). The Constitution became the ultimate doctrine and the foundation of America's future. No one could hold higher authority than the Constitution, and it became the job of elected officials to ensure the liberties established. It would be another four years before the Constitution received its first set of amendments, in the form of The Bill of Rights. On December 15, 1791, the Bill of Rights was ratified and officially became part of the US Constitution. The Bill of Rights consisted of ten amendments, which helped to further protect and ensure the civil liberties of the American people (Library of Congress, 2023). The Bill of Rights ensured what the founding fathers thought were basic civil liberties, including the right to bear arms, the right to due process, and what quite possibly might be the most important, the First Amendment, which is the right to free speech.

An Examination of The First Amendment: The Freedom of Speech

The First Amendment is not only limited to the freedom of speech; it is far-reaching and covers freedom of religion, expression, press, assembly, and petition (Cornell Law School, 2023). These freedoms are the defining difference between America and other countries. Freedom of speech allows people of the US to speak out against the government without fear of being prosecuted or even facing death. In many countries such as China, North Korea, and Russia, people who speak out against the government can be labeled as criminals and in many cases end up in prison or dead. These freedoms allow the general public to have a voice in events that take place in the country, while also being able to express displeasure with the government by way of protest. Although these freedoms are given to the American public as a way to ensure that citizens can be open about their views on the government and its practices, it does not grant citizens immunity from everything.

Case Study: Occupy Wall Street and the Limits of Free Speech

In one of the most recent American protests, Occupy Wall Street (OWS), concerns were raised that citizens lack the ability to effectively and freely speak out against the government. OWS was a protest over corporate influences in the democratic system in America. A year earlier, in the court case Citizens United v. Federal Election Commission, the Supreme Court ruled that corporations have the same rights as people, which gave the ability for corporations to fund elections, helping to further candidates that support their business practices (Supreme Court of the United States, 2010). The OWS movement found this to be unjust as it would help to further the wealth gap between citizens. Exercising their First Amendment right, the OWS protestors took to the streets of New York City’s financial district to protest. The protesters occupied the area for a little more than a month before being forced out by local authorities and eventually fell apart. In late 2012, it was revealed to the public that the takedown of this peaceful protest was orchestrated at a federal level in collaboration with banks and other businesses. A task force comprised of FBI, DHS, and local authorities was created with the intent to break the protest up by arresting protesters and suppressing the ability for protesters to speak openly and freely (Chomsky & Levitin, 2012). This event highlighted the tension between exercising free speech and the power structures that can limit it.

References

• U.S. National Archives. (2023). Constitution of the United States. Retrieved from https://www.archives.gov/founding-docs/constitution
• Library of Congress. (2023). The Bill of Rights. Retrieved from https://www.loc.gov/rr/program/bib/ourdocs/billofrights.html
• Cornell Law School. (2023). First Amendment. Retrieved from https://www.law.cornell.edu/constitution/first_amendment
• Supreme Court of the United States. (2010). Citizens United v. Federal Election Commission, 558 U.S. 310.
• Chomsky, N., & Levitin, M. (2012). Occupy: Reflections on Class War, Rebellion and Solidarity. Zuccotti Park Press.