Tuesday, November 13, 2018

Free speech

When individuals are held accountable by private entities for their comments, on social media and elsewhere, they scream loud and long about their right to free speech.  Assertions aplenty roil the landscape when words result in consequences.  One of the most common is the perpetrator has an absolute First Amendment right to free speech and can therefore say anything with immunity.

Such folks might first want to educate themselves on the right they are claiming.  There is no absolute immunity.

The First Amendment reads, "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."

Key in the above and subsequent precedence setting court decisions is that government can not make any law abridging free speech.  In other words, the government can not abridge the freedom of speech.  Private entities are not so encumbered.

A private company, for example, can dismiss an employee for speech the government can not abridge.  What, you ask?  Can't I just say whatever the hell I want to say, post, Tweet, or otherwise communicate with absolute immunity?  You are probably immune from arrest or other government consequence (libel and slander notwithstanding), but, yes, your boss can fire you for speech the business finds objectionable.  And you may be liable for civil action.

In today's hypercharged environment of uncivil discourse and rampant use of social media platforms, folks might do well to keep this in mind.  



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