Free Speech

Age and Orgasms Grammar & Digital Communication

Free Speech

Lately, the topic of free speech has been a prominent feature on social media, and indeed it should be! Many are worried about being turned in for making any comment that the MAGA snowflakes take issue with, especially if it’s perceived as negative. Since I’m retired, I don’t have those same fears. Sure, I could lose readers, I suppose, and I probably have, because I can never seem to keep my big mouth shut. But honestly, that ship has undoubtedly sailed already. My wife, on the other hand, worries. We often travel to Mexico, and she fears customs every time we return to the US. Of course, the answer to that is not to return, if only we could move to Mexico! Last week, we were in Boston and enjoyed soaking in the history. We had a historian for our tour guide on our Freedom Walk, and she was phenomenal. We also went to Salem because I am obsessed with the history of the witch trials. I think there are many parallels today for what is happening in our country right now. This got me thinking about the history of free speech. Here’s what I learned.

Contrary to what some might believe, the US did not invent the concept of free speech. Like many things, the idea of freedom of speech originated in ancient Greece. “Parrhesia” is an ancient Greek word meaning “free speech,” or “to speak candidly.” This word first appeared in Greek literature around the end of the fifth century B.C. During the classical period in Greece, free speech became a fundamental part of democracy in Athens. Everyone, including leaders, philosophers, playwrights, and everyday citizens, was free to openly discuss politics and religion and to criticize the government in certain settings.The First Amendment was adopted on December 15, 1791, as part of the Bill of Rights. The exact wording for those who need this reminder is: “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.” Pretty frickin clear to me!But of course, like everything that is written, the interpretation of “freedom of speech” is left to the courts. Thus, the definition has resulted in many landmark decisions by the Supreme Court over the years, including in 1990 when the court reversed a Texas court’s conviction of Johnson, a man who burned a flag at the 1984 Republican National Convention in Dallas, to protest the Reagan administration breaking the law by desecrating the flag. Texas v. Johnson invalidated statutes in Texas and 47 other states prohibiting flag burning.Some speech is not protected, such as: obscene material including child pornography, plagiarism of copyrighted material, defamation (libel and slander), and true threats. In 1917, the Espionage Act (prohibiting interference in military operations) was passed, resulting in several Supreme Court cases in 1919 that further defined the parameters of what was not considered free speech. After Socialist Party activist Charles Schenck was arrested under the Espionage Act for distributing fliers urging young men to dodge the draft, the Court upheld his conviction by creating the “clear and present danger” standard, explaining one of the first limitations to free speech (specifically determining that draft resistance is dangerous to national security). A similar case came to the same conclusion when another socialist party leader, Eugene Debs, was also arrested after giving a speech in 1918, encouraging others not to join the military. His argument that exercising his right to freedom of speech was justified was shut down by the court, which upheld the Espionage Act.“Content neutrality” is another important term the Supreme Court uses when deciding cases involving artistic freedom of expression. Content neutrality means the government can’t censor or restrict expression just because some segment of the population finds the content offensive. This is where the recent pushback gets a bit dicey. It’s hard to attribute firings to First Amendment violations because, in the workplace, unless you work for the government, an individual has no right to free speech.I find Supreme Court cases fascinating, and rather than list them all (there are a lot of them related to free speech), here is a website for you to peruse at your leisure: https://supreme.justia.com/cases-by-topic/free-speech/

As artists, I not only believe we have a right to freedom of speech, but I also believe we have a responsibility to challenge corruption, homophobia, sexism, racism, etc. There is a long history of writers doing that not only in the US, but abroad. I will not keep quiet, and I hope that those who are able will join me whenever you have that opportunity to do so. Many of my books admittedly have a certain liberal political bent to them; if that’s something that floats your boat, by all means, check them out. If not, I certainly respect your right to choose what you wish to read. I will continue to fight back with my words and my pocketbook by supporting those who don’t bend the knee. Hopefully, others will join me before it’s too late. That pot of water that is boiling the frog is getting warmer by the day. If you want to support me, I’d be delighted…just click on the links below.

The Invisible Woman: A Lesbian Superhero Story Available for pre-order now! Audible Coming Soon…