This is part 4 of my series on Free Speech. In my third part, I talked about the issue of free speech in academia. Here I would like to discuss how I see the First Amendment playing out in the public sector. By public sector, I am referring to the street, store, bank, airplane, bus, park, library or any public building or public office space, where you might find yourself standing or sitting. The First Amendment provides that:
“Congress make no law respecting an establishment of religion or prohibiting its free exercise. It protects freedom of speech, the press, assembly, and the right to petition the Government for a redress of grievances.”
As with any of the constitutional amendments there is a certain, indeed I would say “high” degree of ambiguity as to the limits of what the Founding Fathers meant by their words. We know for instance that they did not mean that you could slander or libel anyone with your words. We know that they did not mean that you could yell “fire” in a crowded theater. We also know that there are many instances of what the Founding Fathers did not have a clue would become an interpretation for “Free Speech.” For instance, the Citizens United decision by the US Supreme Court says that the right to make political contributions is a form of free speech. This will probably go down in history as one of the most egregious interpretations of what the Founding Fathers meant. The only interpretations that seem more egregious concern several earlier court decisions regarding slavery and the buying and selling of human beings.
Another famous saying is a parody of the “Golden Rule.” This parody says that “He/She who has the gold makes the rules.” In terms of free speech, this parody is quite apt. Corporations have a lot of money, so they decide what free speech is and is not. The more money or power you have, the more free speech you can ostensibly command. If you are a US Senator, you will have a greater audience willing to listen to you than you or I would have.
Bernadette Dohrn, the now retired law professor and once upon a time leftist radical, said that “In America, you can say anything you want, until someone starts listening to you.” This truism seems to have become aggravated by the sheer numbers of lawyers and courts that are willing to hear any type of case regardless of what it is about. Don’t think for a second that they are doing this to further truth, justice, and the American way of life. If you have enough money, you can get your day in court. If you do not, you better have a case that the media finds “sensational.” Have you ever wondered why some cases get tried much sooner than others? High profile politicians have the right to a speedy access in appeal courts and even the US Supreme Court considerably faster than you or I ever would.
The Sixth Amendment to the US Constitution says that Americans have the right to “fair and speedy” trial.
“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed,”
Recently, I read of the case of an eleven-year-old convicted of killing his stepmother. His appeal took three and a half years to come to court and then found him not guilty. On the other hand, Kari Lake, the big lie advocate and loser in the Arizona Governor’s race this past year had appeal after appeal and each one seemed to take less than two or three weeks. It takes three and a half years to get justice for an eleven-year-old wrongly convicted of murder, but Lake got trial after trial for her baseless and politically motivated claims that they “stole” the election from her. This same scenario has played out repeatedly in the past few years. Poor people with no money wait years to get a “fair hearing” while rich bottom feeders like Lake walk in and out of court on an almost daily basis.
This is an excerpt from a talk that Chris Hedges gave on April 4th at the Independent National Convention in Austin, Texas. He called it “Reclaiming our Country.”
“It is one of the great ironies that the corporate state needs the abilities of the educated, intellectuals and artists to maintain power, yet the moment any begin to think independently they are silenced. The relentless assault on culture, journalism, education, the arts and critical thinking, has left those who speak in the language of class warfare marginalized, frantic Cassandras who are viewed as slightly unhinged and depressingly apocalyptic. Those with the courage to shine a light into the inner workings of the machinery, such as Noam Chomsky, are turned into pariahs, or, like Julian Assange, relentlessly persecuted.”
It does not really take much to run afoul of those who want to stifle free speech and free expressions in America. Here are some examples from my own life. I give these modestly because they are nowhere near as egregious as some.
- Told while working for the Metropolitan Council in Minnesota that I had better back the Democratic candidate for Governor or my career would be short-lived. I backed Jesse Ventura instead.
- Told by the VA Director while working for the VA as a Claims Examiner 7 that I would need to shave my beard off, or that I would never get a promotion.
- Apparently, a complaint (from someone unknown) about my teaching a unit on current social issues necessitated a security person from the school to burst into my classroom, demanding to see my lesson plans, and wanting to know “who approved these plans?” I informed him that they were part of the regular curriculum, to which he ordered me to not pursue these lesson plans any further. This happened in a local high school about 4 years ago when I was filling in for the regular teacher who was out for the week.
In recent years, we have seen more and more examples of speech being stifled by both right and left-wing extremists. Each side does not want the other side to have a right to speak their piece. A key cornerstone of our democracy has become so politicized today that agitators feel they have the right to speak but you and I do not. Lawyers twist the words and definitions to fit the needs of corporations and rich clients but not to find truth and justice. As Humpty Dumpty said to Alice:
“When I use a word,’ Humpty Dumpty said in rather a scornful tone, ‘it means just what I choose it to mean — neither more nor less.’
’The question is,’ said Alice, ‘whether you can make words mean so many different things.’
’The question is,’ said Humpty Dumpty, ‘which is to be master — that’s all.”
Gold makes the rules, and the Master defines the words. He who has both the gold and the power decides what is the truth and what lies may be told.
“I can walk into a bookshop and point out a number of books that I find very unattractive in what they say. But it doesn’t occur to me to burn the bookshop down. If you don’t like a book, read another book. If you start reading a book and you decide you don’t like it, nobody is telling you to finish it.” — Salman Rushdie
Libraries, once a bastion of intellectual thought and free speech, have come under attack all over the USA. State legislatures governed by Republican majorities have drawn up lists of hundreds of books to be removed from public libraries, school libraries and college libraries. In one state a high school principal was recently fired for allowing a teacher to use a textbook for art appreciation which depicted the famous statue of David. Book bans have occurred in 138 school districts in 32 states. These districts represent 5,049 schools with a combined enrollment of nearly 4 million students. — Banned in the USA: Rising School Book Bans Threaten Free Expression and Students’ First Amendment Rights (April 2022),
Truth is now routinely perverted by both the media and the so-called justice system in America. The narratives that you are bombarded with every day and that deign to pass as Free Speech are seldom anything but gross distortions of reality. Think of the documents you sign for an insurance policy or a mortgage or buying a new car. Dozens of pages of legal sounding words that have no meaning to the average person. Even a lawyer would be hard put to explain what you are about to sign. There is a good chance that you will later find that they covered every loophole needed to protect themselves at your expense. I give you one example from many in my life.
A few years ago, I purchased a new RV. The dealer talked me into signing an extended warranty policy for about 2000 dollars. In less than ten thousand miles, a wheel broke off. It did not come off because of loose nuts. The hub and brake assembly all broke off with part of the axel. It tore through the underbody of the RV causing almost 7000 thousand dollars of damage. When I called the warranty company, they told me I had no claim. Their policy covered “defect” not “damage” and that I should read page 32 for an explanation. Every auto person I talked to said it was a defective hub and wheel. “NO” said the warranty company. If I did not agree, I could hire a lawyer, but they added they had fought this battle many times and they “would win.”
I am sure that everyone reading this can find a similar example of signing some long legal sounding document and later finding that the words were crafted to “give you the shaft.” These legal distortions further the ends of an elite that does not believe in Democracy. They are like wolves in sheep’s clothing. Their façade keeps the public passive until they are ready to pounce. There are many in America today for which Democracy is nothing but a convenient façade. It is brought out when needed to further their ends. Ends which as my good friend Dick always said you will find when you “follow the money.”
“Goebbels was in favor of free speech for views he liked. So was Stalin. If you’re really in favor of free speech, then you’re in favor of freedom of speech for precisely the views you despise. Otherwise, you’re not in favor of free speech.” — Noam Chomsky
Free speech is like anything else that someone tells you is free. It is never free. There are no free lunches. If you understand that “Freedom” is never free but is always purchased with the blood of heroes and martyrs, what makes you think that Free Speech is “FREE.” Free Speech is purchased with the courage to pursue convictions, speaking up when in the minority, and most of all an acceptance of hearing things you don’t want to hear and understanding that truth is like a kaleidoscope. Each twist of a kaleidoscope brings a different reality into view.
Consider participating in “Free Speech Week” this October 16-22, 2023
FREE SPEECH WEEK
Created in 2005 and originally called National Freedom of Speech Week, Free Speech Week (FSW) takes place the third week of October annually. Its purpose is to raise public awareness of the importance of freedom of speech and of a free press in our democracy – and to celebrate that freedom. This non-partisan, non-ideological event is intended to be a unifying celebration.
PS: Check out the latest Jim Hightower Thoughts on Book Banning.
This past Thursday I attended a meeting for a new Veterans group that had recently formed in our town. There were three people at a table in front of the group (two men and a woman) and about 20 or so people in chairs facing the table. The two men whom I assumed were leaders mentioned that the key-note speakers, someone from the Arizona Posse and someone from the Pinal Country Sheriffs department may or may not make the meeting. Apparently there had been a few recent killings in area and both groups were lending support to the Casa Grande Police department. The woman in front was the spouse of one of the men leading the group. She was also the club secretary.
Now in America today, we have five political perspectives arranged along a continuum. On the extreme right, we have the “extreme conservatives” as they may think of themselves. However, they are fascists and anti-democratic in symbols, outlook and beliefs. On the extreme left we have a smaller group who might think of themselves as progressives or socialists but in the minds of many on the right they are “card carrying communists.” Indeed, some of the extreme left-wing do fit this perspective. Slightly to the right of center we have the true conservatives and slightly to the left of center the true liberals. In the middle we have people who support some social programs but are fiscally conservative. We also have people in the middle who support some government but are against too much government.
One characteristic of both the extreme right and the extreme left is the inability to see perspectives different than their own. To the extremists, the world is black and white. Good and bad. Each extreme entirely rejects the perspectives of the other extreme. Each extreme feels that they are not allowed to speak but that the other extreme is. Newspapers and zealots take sides with the extremists and promote narratives designed to appeal to the extreme views exposed by each side. The ability to condone or support multiple perspectives becomes more and more difficult as a greater and greater polarization ensues. People bemoan the death of compromise but each side ladens itself with oaths and pledges guaranteed to insure that they will not try to see the world from the other side.
The result is a form of warfare between each side. The middle groups become more and more polarized as they find that they must take sides to survive. Liberals talk about the importance of listening to understand what the other side says and thinks as though this will solve the problem. It will not. Unless someone listens with an OPEN MIND, no amount of listening will make a difference. I was once approached by an employee who asked me to speak to his boss on his behalf. I asked him why he did not do it himself. I pointed out that his boss had “an open door policy.” The employee looked at me and replied: “Open door but closed mind.”
Our schools have failed us because they teach right answers and not right questions. They teach closed minds and not open minds. We have a generation who are now increasingly anti-education. We have a war against our schools by people who do not believe that schools exist to teach right thinking but only right answers. Liberal schools are boycotting right-wing fanatics and not allowing them to speak. Fox News prints daily rants against schools portraying the worst aspects of what once was a liberal education. The right wing increasingly wants a technocratic education which will result in a job that pays well. Any focus on mindfulness, morality, ethics, and integrity plays little or no role in the education system desired by the right. Those on the left believe that public education should be for the masses but ignore the needs of many rural and poor people to get a job that pays a living wage.
Once upon a time I had more friends on Facebook. I had both Democratic friends, Republican Friends and friends who cared not one whit about politics. Many of all political persuasions were friends who simply wanted to ignore politics. During the run-up to Trump’s election, I discussed, debated, argued, reasoned and fought with many friends who wanted to support Trump. The results were not pretty. Zero changed their minds. I was angry and frustrated.
ays 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.”
“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.”
“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?”
“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.
Aging Capriciously 