I am sorry to tell you this, but: Free Speech, the 1st Amendment of the Constitution of the United States, is not really “free”.
In fact, if there is anything that can be considered free in the America that I know today, is that nothing, and I mean absolutely nothing, unless only the mere thought of it, is actually free.
The origins of freedom of speech have a long history in instruments of human rights. They were present in the late 6th or early 5th century BC in ancient Athens’ democratic ideology; the values of the Roman Republic included freedom of speech and freedom of religion; England’s Bill of Rights of 1689 legally established the constitutional right of ‘freedom of speech in Parliament’; and it was specifically affirmed as an inalienable right in the Declaration of the Rights of Man and of the Citizen, during the French Revolution.
A lot of things have happened and been written since the death of the famous french philosopher Françhois-Marie Arouet, later known as the simple pen name (his own choice) of Voltaire . Among other things, he advocated for freedom of religion, the separation of church and state, and yes, he also advocated for freedom of speech.
The famous free speech sentence usually attributed to Voltaire since those earlier times: ‘I disapprove of what you say, but I will defend to the death your right to say it’, seems to be actually written by his biographer Evelyn Beatrice Hall, while she was paraphrasing Voltaire on a different topic. Referring to him, she quoted that it was Voltaire’s ‘attitude now’ (in other words, at that time), and it is remarkable how this single thought was in line with his own ideology.
Well, whether it was written by Voltaire, Hall, or someone else, the sentence (better yet the idea behind the sentence) has trascended and travelled in time since the French Revolution and even before, as the following list of major world developments indicate since the Age of Enlightenment, which central idea was the use and celebration of reason. From those times, human beings will use the power of reason to understand their own condition as well as the whole universe, with the main goals of achieving knowledge, freedom and happiness:
1700 — Development of Enlightenment thought
1775 — Start of the American Revolution
1789 — The French Revolution
1848 — Major revolutions across Europe
1865 — End of the US Civil War
1871 — Unification of Germany
1914 — Beginning of World War I
1917 — Russian Revolution
1939 — Beginning of World War II
1945 — End of World War II / The United Nations charter is signed
It is interesting to know that, in coincidence to the French Revolution, the United States of America effectively inaugurated their Constitution in the same year, holding the first session of the Congress of the United States in March 4, 1789.
The First Amendment of the United States Constitution was adopted on December 15, 1791 as one of the ten amendments that constitute the Bill of Rights:
Amendment 1 — Freedom of Religion, Press, Speech
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.
But what does all this mean, and why so much controversy in the application of the words and associated concepts?
In Voltaire’s time, perhaps it was not necessary to add any additional meaning or definition to the term speech, apart from its obvious form of an oral expression.
In today’s times, it seems to be necessary to use a deeper level of granularity to cover all the meanings, extension and levels of applicability of the different concepts involved; take for example the not so subtle change from freedom of speech to freedom of expression: now there is not only an oral form of expression to articulate one’s opinions and ideas without fear of censorship, but additional acts of seeking, receiving and imparting ideas and information, regardless of the medium involved.
At the same time, it is also important to note that there are certain natural restrictions that, by all means, should be readily understood by contemporary human beings, and those are the ones depicted in the so called “harm and offense principles”, which stand for limiting the power of freedom of speech in cases that would cause harm to others, or that can be deemed as offensive to society in general.
It is exactly within these principles in which I based the fact of a non-existent freedom of speech in the title of this writing, as it is obviously a need to limit this so called freedom for the sake of basic human coexistence.
From a slightly different perspective, there is an applicable and parallel analysis of the ‘freedom of speech/freedom of expression’ principles within the consideration of the Judeo-Christian traditions embedded into the constitution by the early fathers of the newly formed nation at the end of the independence war with England.
In biblical history, there were two times that can help us to understand the proper view and interpretation of the events happening now, in comparison to what happened in the past.
The first is the time when the Israelites or Jews were governed by God, although indirectly by a succession of prophets, culminating in the faithful prophet Samuel. 1 Sa 8:6–10:1:
As opposed to their father, the unfaithfulness of Samuels’s sons, coupled with the threat of warfare with the Ammonites, prompted the older men of Israel to request that Samuel appoint a king over them. Jehovah’s answer to Samuel’s prayer was concerning this was that, though the request of the people showed lack of faith in Jehova’s kingship, nevertheless, the prophet should accede to it and advise them what the rightful due of the king involved. Though informed by Samuel that the monarchy would result in the loss of certain liberties, the people still insisted on having a king.
The second is the way Jesus, the Son of God, demonstrated to the Jews the proper way to look at the Bible principles, he showed them that they applied broadly to different circumstances, and that there was a process in which certain weaknesses needed to develop fully until a point of no return. Take adultery and hate as examples. Mat 5:27,28; Mat 5:43,44:
Jesus explained God’s view of what takes place inside the heart of a man long before he commits that act. He said: “Everyone that keeps on looking at a woman so as to have a passion for her has already commited adultery with her in his heart.”
After stating the Pharisaic interpretation of a statement in the Law — “you must love your neighbor and hate your enemy” — Jesus made known Jehova’s thinking, saying: “Continue to love your enemies and to pray for those prosecuting you.”
In conclusion, the issue of free speech and/or freedom of expression relates to thinking in principles, and not in individual laws. Two of the ways in which we can think of speech alone is referred in the following two Bible texts, one viewing into how to speak appropriately, and the other into exactly the opposite:
- Proverbs 25:11 “Like apples of gold in silver carvings is a word spoken at the right time”. This text illustrates the importance of choosing the right time to speak.
- James 3:2, 8–9 “For we all stumble many times. If anyone does not stumble in word, he is a perfect man, able to bridle also his whole body.” / “But no human can tame the tongue. It is unruly and injurious, full of deadly poison. With it we praise Jehovah, the Father, and yet with it we curse men who have come into existence ‘in the likeness of God’. Out of the same mouth come blessing and cursing. My brothers, it is not right for things to happen this way.”
At these times, if we do not think and act in principles, we will never understand how to differentiate right from wrong.
Coincidentally, the press and media and politics and everyone else appear to suggest that the country has many problems, and sometimes we go trying to solve the first, and then the next, and the next, and we quickly become very tired from these wasteful efforts. But in reality, there is only one problem affecting us today, and I will let you know in my next article. Have peace of mind and my best regards,
(excerpts taken from:
a) Wikipedia, and
b) “Insight on the Scriptures” — published by Jehovah’s witnesses)