Freedom of Expression

I was walking down the street the other day and I saw three White guys beating the heck out of a Black guy.  The Black guy was down on the ground and the three White guys were taking turns pummeling him.  I rushed up and yelled “Stop, what the heck do you guys think you are doing.”  One of the White guys answered “what does it look like, we are beating the shit out of a Black guy.”  “What did he do”, I asked.   “What do you mean what did he do?  “He was being Black” came back the reply.

“Are you guy’s crazy?  You can’t just beat someone up for being Black.”   I retorted.

i-dont-give-a-fuck

The three guys huddled for a minute and finally one of the three (A guy with bright red hair and lots of tattoos) came out of the huddle and took me by the shoulder.  “Look he said, you look like a fairly intelligent guy.”  Two of my friends over there never went to college.  I went for a few years so they nominated me to talk to you. “

“What is there to talk about?  You have no right no beat up on this poor man”, I answered.

“Aahh, that is where you are wrong” said Tattoo Guy.  “We have every right.  In fact, we have a constitutional right to beat him up.”

“Are you serious or trying to kid me, I ask.”

“No I am not kidding” said Tattoo Guy, “I am very serious. It is our constitutional right.”

“OK,” I say, “I will bite, what is the right you think you have?”

“Well” says Tattoo Guy, “have you ever heard of ‘Freedom of Expression.’  The constitution struthays every American citizen has Freedom of Expression.  Thus, we are just expressing our free rights as American citizens to beat up on people we don’t like.”

“I am not sure that is what the Founding Fathers meant by Freedom of Expression”, I answer.

“Well, frankly we don’t give a fuck what you think.  Furthermore, if you keep interfering we might just sue you for violating our constitutional rights.”

“Hold on now.  I thought we were having a friendly conversation here.  Now you are threatening to sue me.  On what grounds?” I ask.

I could see Tattoo Guy thinking about my question for a while and then he answered “Well, since you are being so polite about it, we won’t sue you, at least not for now.”

“Wow, thanks” said I.

trump-and-pc“Look, said Tattoo Guy, we voted for Donald Trump and he respects our Freedom of Expression rights.  We are sick and tired of the PC shit you pussies and commies have been spreading in this country for years.  We are tired of watching what we say and do because we might be called rednecks or bigots or even racists.  It’s a new day for America.  We are going to make our country great again.”

“With Donald Trump as president, I can call anyone I want a nigger, kike, frog, wop, dago, spook, wetback, cunt, fag, pussy, greaser, Jap, slope.  It’s my Freedom of Expression” says Tattoo Guy.

“So basically you were sick and tired of having your Freedom of Expression curtailed by anti-hate laws and people who are sick of being insulted because of their color or sex” I asked?

freedom-of-expression“You are more or less on the right track” says Tattoo Guy.  “Used to be you could tell some nigger jokes, put up pinups of nude girls, even grab a few pussies once in a while and no one bothered you.  Then, all this PC stuff started and before you knew it, you had to watch what you said and did.  A White person’s Freedom of Expression went down the drain.  Well, no more PC now.  So can we please get back to beating the shit out of this nigger?”

“What about this man’s Freedom of Expression” I ask.  “Don’t you think he also has some rights?”

“Sure” says Tattoo Guy, “He can say whatever he thinks.  We don’t care.  Just as long as he doesn’t call us rednecks or bigots or racists.”

“That sounds like a double standard” I answer.

“I don’t think so.  You intellectuals think too much.  You need to do more and think less” says Tattoo Guy.

einstein“Well, what if I told you that I had a Glock Model 40 10mm in my pocket and that if you hit this man one more time, I will take it and blow your fucking brains out.  What would you think of that” I replied indignantly.

“That changes the entire nature of our issue here” says Tattoo Guy.  “We respect your Second Amendment rights to own and bear arms and use them in defense of your country and family.  May I ask if this Black Guy is part of your family?”

“Haven’t you ever heard of John Donne” I asks?  “Donne says”:

No man is an island entire of itself; every man

is a piece of the continent, a part of the main;

if a clod be washed away by the sea, Europe

is the less, as well as if a promontory were, as

well as any manner of thy friends or of thine

own were; any man’s death diminishes me,

because I am involved in mankind.

And therefore never send to know for whom

the bell tolls; it tolls for thee.

“So you are sort of saying that this Black guy here is part of your extended family?” asks Tattoo Guy.

“Exactly,” I reply.

freedom-of-thought

“Well, that’s a horse of a different color then.  If you are related to us because you are White and we are White and he is related to you, even if he is Black, then he is also related to us, which means he is part of our family too.  That’s great, now we have a new brother.  How about if we all go get a beer together?” says Tattoo Guy.

“Sounds like a better idea than beating each other up or my blowing your brains out.  Do you know any good brew pubs?  First round on me” I reply.

Time for Questions:

 Do you think all such stories as mine have a “happy” ending?  What rights do people have not to be insulted or harassed because of their color or sex?  Do you think some rights might supersede other rights?  Why or why not?

Life is just beginning.

Freedom of speech does not include the right:

  • To incite actions that would harm others (e.g., “[Shouting] ‘fire’ in a crowded theater.”).
    Schenck v. United States, 249 U.S. 47 (1919).
  • To make or distribute obscene materials.
    Roth v. United States, 354 U.S. 476 (1957).
  • To burn draft cards as an anti-war protest.
    United States v. O’Brien, 391 U.S. 367 (1968).
  • To permit students to print articles in a school newspaper over the objections of the school administration. 
    Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988).
  • Of students to make an obscene speech at a school-sponsored event.
    Bethel School District #43 v. Fraser, 478 U.S. 675 (1986).
  • Of students to advocate illegal drug use at a school-sponsored event.
    Morse v. Frederick, __ U.S. __ (2007).

Freedom of speech does includes the right:

  • Not to speak (specifically, the right not to salute the flag).
    West Virginia Board of Education v. Barnette, 319 U.S. 624 (1943).
  • Of students to wear black armbands to school to protest a war (“Students do not shed their constitutional rights at the schoolhouse gate.”).
    Tinker v. Des Moines, 393 U.S. 503 (1969).
  • To use certain offensive words and phrases to convey political messages.
    Cohen v. California, 403 U.S. 15 (1971).
  • To contribute money (under certain circumstances) to political campaigns.
    Buckley v. Valeo, 424 U.S. 1 (1976).
  • To advertise commercial products and professional services (with some restrictions).
    Virginia Board of Pharmacy v. Virginia Consumer Council, 425 U.S. 748 (1976); Bates v. State Bar of Arizona, 433 U.S. 350 (1977).
  • To engage in symbolic speech, (e.g., burning the flag in protest).
    Texas v. Johnson, 491 U.S. 397 (1989); United States v. Eichman, 496 U.S. 310 (1990).

 

 

 

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2 Comments (+add yours?)

  1. Gayle curtis
    Nov 15, 2016 @ 04:06:49

    Wow! Amazing reading! Thankyou! This took a lot of thought and research!

    Reply

  2. johnpersico
    Nov 16, 2016 @ 17:39:08

    Thanks Gayle, appreciate your compliment.

    Reply

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