Free Speech: The Indispensable Right

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Free Speech in the American Founding

The American Founding was a time of great clarity regarding free speech. The First Amendment was based on the idea that free speech was a natural right, not granted by the government. However, this clarity was lost within a few years as federal courts fell back to the traditional view that free speech was protected because it was good for democracy. Today, there is a movement to further limit free speech, arguing that it should be balanced against other interests such as equity. This book argues that it is time to return to the clarity of the founders and see free speech as a right given to every individual by God, not by government.

Oliver Wendell Holmes and the Functionalist View of Free Speech

Oliver Wendell Holmes was a driving force behind the functionalist view of free speech, which rejected a natural rights basis for free speech and instead argued that it should be limited to speech that is useful for democracy. Holmes’s vehement rejection of natural rights stemmed from his loss of faith in transcendent rights. This view of free speech has been used to justify censorship and the criminalization of speech, particularly during times of war.

Schenk v. United States and the Crying Fire in a Crowded Theater Analogy

Schenk v. United States was a case in which the Supreme Court upheld the conviction of socialists and anarchists who spoke out against the draft during World War I. Justice Holmes’s opinion in the case included the infamous line about crying fire in a crowded theater. This line has been used as a mantra to support censorship and the criminalization of speech ever since. However, the analogy is flawed because it ignores the fact that political speech is protected by the First Amendment.

Rewriting American History as a Tale of Oppression and Despair

In 1776, the founders of America took a chance and created a new government based on principles of Liberty. Now, there are forces eroding our history and taking away from our principles. It’s time to give America a chance by investing in Ashbrook today.

The Human Cost of Free Speech Denial on College Campuses

The denial of free speech on college campuses has a significant human cost. Students are being deprived of the opportunity to engage in open and honest dialogue, and they are being taught to fear and suppress dissenting viewpoints. This is a betrayal of the ideals of higher education and a threat to our democracy.

The Need for Government to Withdraw from the Censorship Business

The United States government needs to pass a law that gets it out of the censorship business. No single penny of federal funds should be used to target or blacklist individuals or groups based on what they are saying. This will help to protect free speech and ensure that all voices are heard.

The Importance of Defending Unpopular Speech

The Free Speech Community often finds itself in the position of defending the least popular among us. This is because free speech is not just about protecting popular speech, but also about protecting the right of people to express views that are offensive or unpopular. Defending unpopular speech is a uniquely American thing to do, and it is essential for a healthy democracy.