I hear every day that lots of people are sorely confused about the First Amendment. They stand in line at the grocery store and gripe and grouch about free speech and how they don’t have it or should have it and how they know people who have been censored by the media. They run their mouths like they really know what the First Amendment means. The people who grouch about it the most turn out to know the least about what the First Amendment really says. And they think everyone else has to listen to them, because, they say, we have free speech. Makes me want to saddle up and ride away.
So here goes: my four simple rules on the First Amendment. And since you have free speech just as well as me, I don’t have to tell you that you’re free to read this or click away, and that’s your choice.
Let’s start at the beginning, where we should all start, and that’s with the actual First Amendment. The First Amendment says exactly this:
“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.”
That’s the entire First Amendment of the Constitution of the United States. All 45 words of it. Those old guys back in 1770’s did a pretty good job. And the most important part for us right now is the part about “abridging the freedom of speech, or of the press." (We might could argue about freedom of religion or the right to peaceably assembly, but that’s for some other time).
Now, exactly what does the First Amendment say? What do the words mean? Rub your eyes a little bit, put your specs on if you need them. Do you have all 45 words swimming around in your mind? Good deal. When it says “Congress shall make no law… abridging the freedom of speech, or of the press”, that means Congress shall not control speech.
That’s the definition of censorship. Censorship means Congress making laws that abridge or limit or control speech. The First Amendment says Congress can’t do that. “Shall” doesn’t mean maybe, or should. It means will. And make no law means just that: make no law."Some Old Cowboy ciphering about Free Speech" from @mtgoplol
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So do people really have free speech, according to The First Amendment? Are people really being censored by the media these days? Can we really say anything we want? Let’s read those 45 words and make it real clear.
Here are Cowboy’s Four Rules of Free Speech.
Rule #1: Free speech means that we are all free to run our mouths. But free speech doesn’t mean anybody is obligated to listen to your free speech.
Longer version: Yes, I know you voted for Trump (or Biden) and will again, and that’s fine. And you can run your mouth all about it, all you want. But that doesn’t mean I’m obligated to listen to you. Or am I obligated to read your newspaper or watch your video. Don’t get all uppity about who you think should listen to you. I can turn you or the radio or TV off or walk away, and that’s my choice, and not your choice. We’re all free to listen or saddle up and ride away.
Rule #2: The First Amendment gives you the right to say anything you want, but the most important part to know about free speech is knowing when to shut up.
Longer version: Free speech is free. Saying anything you want is free. But here’s a thing to remember: responsibility. You’re responsible for what you say. We all should have learned responsibility in middle school. Put it this way: if you get drunk and wreck your truck, you’re on the hook for damages to the other car and the injuries to others, too. And a lawyer can drag you into court and you will get sued for those damages and injuries. Free speech is driving your truck where and when you want to, but telling lies in public are the drunken truck wrecks of free speech. If you tell lies in the news or on social media about other people, and those lies hurt someone’s reputation or business, your lies can get very expensive.
Rule #3: It’s not censorship if a newspaper or TV news channel or internet social media company ropes someone’s speech, because The First Amendment doesn’t apply to private businesses.
Longer version: You did not get censored because a newspaper or a TV news channel or a internet social media company stopped your free speech by kicking you off their platform or canceling your account. That’s because The First Amendment doesn’t apply to private businesses. Try writing a letter to the editor of your hometown newspaper all about how the liberals (or conservatives, your choice) are running down the country. Did it get published? No? That’s because the newspaper is a private business, and the editor publishes what he or she wants to publish. They didn’t censor you. It was their editorial or business choice. Go ahead and stop advertising there or buying or reading that paper; that’s your free speech. It boils down to this: free speech and a platform for that free speech are different critters. Free speech is free, but the platforms that are offered for free speech are sometimes not free to everyone, and that’s because they are private companies.
Rule #4: Be aware of the tricks other people will use against you and be smart enough to not participate in their argument rodeo.
Longer version: People will pull all kinds of tricks when you’re in an argument. They’ll cherry pick your words. They will accuse you of being guilty of what you’re talking about. They will get lazy and say “Do Your Own Research”. They will try and make you responsible for their argument.
The thing is, there’s no easy answer to these tricks. It takes time and experience to learn and pick up on these brands of bullshit. Just like it takes time to learn to ride and rope and tie calves. You have to learn how the animals act and think a step or two ahead of them. It takes experience to learn how to read people, how to read newspapers, how to read social media and not get sucked in and mired down in the muck. You have to listen and then think about it all. But that’s the advantage you have: thinking. Most folks don’t want to take the time to think.
If the rodeo is more about spreading bullshit than riding bulls, leave the rodeo. It ain’t no shame to refuse to ride a bull. Rodeos are optional in life. And if you wish later you had had said something different in that argument, that’s OK. That’s how we all learn. But don’t get angry - that’s what they want.
