Everyone says he’s in favor of the First Amendment, but I fear that too few people really mean it. If you think that voices you don’t agree with should be silenced — and in this era of hyperpartisan politics, far too many people are working to achieve this very goal — perhaps this July 4 is a good time to check your attitude. Let’s start with a little look at the amendment:
Of course, Congress has repeatedly made laws over the years that do many of the things the First Amendment has specifically ordered it not to do, particularly in times of war when fear or crass political opportunism rule the day. And the Supreme Court has sometimes been friendly to these abuses — it initially upheld the Sedition Act of 1918, for example — but time and calmer minds have eventually cleared things up.
I often think that the more troublesome parts of the USA Patriot Act, which should give pause to First Amendment fans, will eventually get the focus they deserve by the court. Meanwhile, people have used the amendment’s “right to petition the government” clause to, indeed, seek to redress some grievances over that legislation.
So when you fire up the grill today, perhaps it’s a good time to think about what the First Amendment has provided for you. In large swaths of the world, for example, the publication of this rather mild little bit of criticism might get me thrown in a hole. And if you think that the best way to keep things running smoothly is to silence your critics, answer this question: Do you enjoy freedom, and if you people can’t speak their minds, are they free?