Blog #4: Key Post - Eight Values of Free Expression

The Eight Values of Free Expression are used by scholars to describe why freedom of expression is so important to us as Americans.

The first two Values of Free Expression are the ones used the most by the Supreme Court. The first, Marketplace of Ideas, comes from John Milton's Areopagitica. This argues that freedom of the press is crucial because when truth and falsehood are allowed to freely grapple, the truth will win out. This grappling in turn makes the truth even stronger. When all ideas are accessible, the individual is able to sort through them and form his or her own opinions. It is never the government's job to decide your own opinion (what you view as true), therefore there should not be a requirement of a license to print or publish work. The government cannot tell you what to believe (compelled affirmation of belief) & the government cannot tell you to speak (compelled speech). 

This value feels most personal to myself as an American today. Thankfully, there are many news sources available to access to gain a broader and more balanced understanding of current events. By viewing multiple news sources, we may be able to identify biases more easily. We are very lucky to live in a country that allows journalism that is critical of the government. We are able to hear opinions from a range of perspectives that can help us form out own beliefs, not what the government tells us to believe. 

The second value, Participation in Self-Government, is described by Alex Meiklejohn in Free Speech and Relation to Self-Government. It argues if positions in government are reserved for certain people and not available for all citizens, individuals will not vote in wise and informed ways. The prerequisite for democracy is the government gets its power only through the consent of the governed, therefore if the government is censoring its citizens, how are they giving consent? 

An example of this theory in the real world was when former "Sex and the City" star Cynthia Nixon ran for New York governor in 2018. The openly gay liberal activist had never held political office when she challenged the incumbent Gov. Anthony Cuomo. According to People, Nixon is quoted saying "Women have to lead and speak up. I just think we need to have more people of color and women and LGBT people not just represented - but leading. If we want to fix out world, they know whats wrong with it because they've been on the short end of the stick." In the case of this Democratic primary, Nixon was an example of government positions being available for all citizens. After Cuomo defeated Nixon in the primary, the government got its power with the consent of the governed. 

The third Value of Free Expression is Stable Change (aka Safety Valve). Benedict Spinoza argues in Tractatus-Theologico Politicus that it is actually in the government's self interest to let its citizens to speak their mind, or "vent". This is because angry individuals will be less likely to resort to violence if they are not suppressing their feelings. It also helps governments monitor potentially dangerous groups. 

In 2021, The United States Department of Justice discovered a Florida man unlawfully used social media to deprive individuals of their right to vote. The defendant's dangerous actions allowed him to establish an audience on Twitter with approximately 58,000 followers ahead of the 2016 U.S. Presidential Election. Along with other conspirers, he encouraged supporters to "vote" via text message or social media, a legally invalid method of voting. Because politics are permitted to be discussed on social media and not censored by the government, the Justice Department was able to identify and punish this dangerous group as they acted publicly, rather than secretly. 

Individual Self-Fulfillment (aka Self-Actualization) introduced by Edwin C. Baker in Human Liberty and Freedom of Speech - Autonomy Theory describes freedom of speech as an aspect of human dignity, human agency, and autonomy. It argues that free speech enables individuals to create their own identity by having the ability to express themselves. The first amendment protects citizens inner thoughts and ideals. It allows each of us to express our own views, engage in public conversations and participate in a democratic government. 

This value feels the most personal. I am appreciative that the First Amendment grants me the right to be myself. Having my own personal ideals allows me to become more fulfilled as I can find hobbies, a career, and relationships that matter most to me. 

The fifth Value of Free Expression is Check on Governmental Power, also known as Watchdog Role. Vince Blasi expresses in Checking Function of the First Amendment that freedom of the press enables citizens to expose when the government abuses its power. If they feel so moved, they can react to the abuse during elections or in other ways. We have to be watch dogs by watching what state, local, and federal governments are doing and speaking out when we see something wrong. 

This value is evident in the actions of citizens in my home state of New York. Following an investigation by the state's attorney general, it was discovered Gov. Cuomo sexually harassed at least 11 women. Citizens spoke out, including top Democrats like Senator Chuck Schumer, leading to a loss of support for Cuomo. Ultimately, Cuomo resigned from his position as governor, ending his third term with disgrace.

Lee Bollinger argues in The Tolerant Society: Freedom of Speech and Extremist Speech that freedom of speech teaches citizens to become more tolerant in other aspects of life, in turn creating an overall better society. The First Amendment guarantees the right to freedom of expression to all Americans, including hate speech. If we start outlawing speech that we find offensive and hurtful, all types of speech become at risk. Society learns valuable lessons from hate speech as it can lead to productive conversations about social and political issues. Hate speech does not to be illegal because society has its own ways of condemning it. While hate speech may be offensive and hurtful, the First Amendment guarantees it as a right to all Americans. 

Hate speech is very prevalent in today's society. As social media has grown and grown, it has become easier than ever for individuals to express their opinions to a wide audience. It is important to recognize that hate speech on social media is becoming more and more common, as this spreads quickly and easily. The real-world consequences of hate speech on social media include physical violence and harassment. Thankfully, social media users can engage in constructive dialogue to challenge intolerance and bigotry.  

Jack Balkin describes in Living Originalism that in a society where free speech is encouraged and protected, citizens will be more creative and energized, finding fulfillment in multiple diverse and interesting ways. This will result in a society rich in new ideas and innovations. This value is important because when people are allowed to explore new and unconventional ideas without fear of punishment, they contribute to a society that is constantly evolving and improving while creating new products and services. 

Innovation is definitely promoted in the United States, a society where the First Amendment is protected. The country has a strong culture of entrepreneurship, including highly regarded universities, a successful tech industry, and advancements in scientific research. The United States remains at the forefront of technological advancement.

In Dissent, Injustice and the the Meanings of America Steve Shiffrin explains that the First Amendment protects minority opinions, even if they are unpopular. Our system is designed to prevent mob rule. In reality, it is an individual's patriotic obligation to criticize the government.

In our democratic society, citizens have the voice to hold the government accountable for its actions. March For Our Lives is a prominent organization thats efforts have led to the first federal legislation on gun violence to be signed into law. After the tragedy at Marjory Stoneman Douglas High School in Parkland, Florida, the organization was founded in efforts to make sure what happened to their community never happens again. By criticizing the government's actions, the organization aims to create a safe and compassionate nation for all of us.