A Contrarian Clarification of “Free Speech”
A social media company has the right to decline publishing my opinion, but the government’s ability to restrict what the social media company publishes is restricted by the First Amendment.
We all know what “free speech” means: it’s our right to say whatever we want, whenever we want, wherever we want, as long as we’re not libeling someone. Well, actually, no, that’s not what “free speech” means. Here’s the First Amendment to the Constitution of the United States:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
For an overview of the immense body of jurisprudence regarding the limits of “free speech,” here’s a good place to start: First Amendment Fundamental Freedoms Analysis and Interpretation of the U.S. Constitution.
In essence, the first amendment prohibits the federal government from “abridging the freedom of speech, or of the press,” in other words, censorship. The Founders were seeking to limit the powers of the state to restrict pushback from the citizenry against state policies or decisions.
But this doesn’t mean “everything is protected as ‘free speech.’” For example, a drunk in a bar who shouts, “You’re worthless, you suck!” at other patrons is not protected by the First Amendment.
“In Chaplinsky v. New Hampshire, the Supreme Court unanimously sustained a conviction under a state law pros
Article from LewRockwell
LewRockwell.com is a libertarian website that publishes articles, essays, and blog posts advocating for minimal government, free markets, and individual liberty. The site was founded by Lew Rockwell, an American libertarian political commentator, activist, and former congressional staffer. The website often features content that is critical of mainstream politics, state intervention, and foreign policy, among other topics. It is a platform frequently used to disseminate Austrian economics, a school of economic thought that is popular among some libertarians.
