Friday, September 18, 2020

Free speech 3

America's founders considered the right to speak freely to be foundational to a self-governing people, so they put it in the constitution

The principle has been refined and described and defended by judges throughout our history. And it should be. Today it is challenged - by people within their rights - and the case for free speech needs to be made again. 

Here is one example: the opinion of former Supreme Court Justice Louis Brandeis in Whitney vs. California on why free speech is important and government should not ordinarily force  silence:

In order to combat speech we don't approve of, we need to "[E]xpose through discussion the falsehood and fallacies . . the remedy to be applied is more speech, not enforced silence."

We believe "it is hazardous to discourage thought, hope and imagination; that fear breeds repression; that repression breeds hate; that hate menaces stable government; that the path of safety lies in the opportunity to discuss freely supposed grievances and proposed remedies; and that the fitting remedy for evil counsels is good ones. Believing in the power of reason as applied through public discussion, [we eschew] silence coerced by law--the argument of force in its worst form."

Thomas Jefferson: "We have nothing to fear from the demoralizing reasonings of some, if others are left free to demonstrate their errors"

from Cornell Law School

No comments:

Post a Comment