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About Free Speech

To the Editor:

In last Friday’s edition of the FCR, Mr. Carpenter illustrated his lack of understanding of what constitutes free speech and uses a terribly flawed example of what would and/or should be seen as racist.

The freedom of speech guaranteed in the First Amendment to the US Constitution is not an absolute guarantee that anyone can say whatever they wish without repercussions. Let’s understand that the specific right guaranteed in the First Amendment is that “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.” Furthermore, the Texas Constitution under Article 1, Section 8 similarly guarantees “no law shall ever be passed curtailing the liberty of speech or of the press.”

In short, your freedom of speech is a protection from the government abridging your freedom of speech. This does not mean that your freedom of speech is without limits as supported by many landmark Supreme Court rulings. A couple of high-level examples is making untrue statements against another which causes damage to that individual (aka slander) as well as the well known yelling “fire” in a crowded room. Despite these exceptions, there is absolutely no laws which would prevent your employer, civic group, or other non-government entity from holding you accountable for your choice of words.

Through time, societal norms do undoubtedly change and what’s seen as acceptable as far as civil speech must be adapted to keep in line with what’s seen as socially acceptable based on the norms of the time. While I feel it is unacceptable to look back through history with the lenses/societal norms of today, it’s also just as unacceptable to be in the societal norms of today and use speech from a bygone era and feel it can be done without accountability and repercussions. Not repercussions doled out by our government (which would be constitutionally protected), but by employers and society labelling you as a racist, bigot, or other and holding you accountable through other means for your actions.

No one is going to stop you from saying whatever you choose to say, so feel free, but, let’s understand that the reason you don’t let racist speech fly is because it’s not so much self-censorship (as you claim), but is self-preservation and a choice to avoid the societal repercussions of your actions.

Eric Green

La Grange