Free speech comes with a few rules

A Prairie Notebook

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First Amendment rights have become a popular topic after the recent violence at the U.S. Capitol.
On social media sites, some people are complaining they are being illegally censored. They should get to post what they want, where they want and when they want. Even one U.S. Congressman has said that the book publisher who is cancelling his contract can’t do so because of the First Amendment.
Let’s stop a minute and think about that and what the First Amendment protects. It’s 45 carefully crafted words that prevent the government from preventing you from sharing your opinions. It doesn’t guarantee that anyone can say whatever they want through any publisher or even in every circumstance. Over the years, Supreme Court rulings have extended some boundaries to what is and what isn’t a violation of rights.
Here’s the amendment that was passed by Congress on Sept. 25, 1789, and ratified on Dec. 15, 1791: 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.
The first of the 10 amendments that make up the Bill of Rights protects we, the people, from being silenced by the government. It means we can complain about our taxes, say that we are against abortion, speak out about war, oppose a pipeline that cuts through an area, address the city council about our concerns or fly the Confederate Flag, if we want. It’s also exclusive, meaning we can choose not to join in the National Anthem.
But the amendment only restrains government and not businesses, which are under no obligation to let anyone say whatever they want. That means, Twitter and Facebook can look through comments made on their platforms and kick those people off or take their posts down. The government just can’t do that.

Those businesses might be censoring free speech, but they have that right because ultimately, it’s their business, and they are the ones at risk for lawsuits. They are not preventing anyone from going and shouting the same words on a street corner or from holding up a sign that states their opinion.
The same rules would apply to the Moody County Enterprise. While we encourage people in the community to express their opinions, we also can choose not to run a submission if we see that is violates the First Amendment limitations, that typically have Supreme Court cases backing them up. We also can choose our own editorial standards such truth, fairness and good taste when deciding whether to accept a letter for printing.
In other words, we aren’t likely to print a letter to the editor who attacks someone’s personal character to damage their reputation. Defamation, or a knowingly false statement of character, isn’t something we would entertain for printing.
Likewise, threats in the process of committing a crime and pornography, which aren’t rights under the First Amendment, wouldn’t find a spot on our pages.
Even under the rights to freedom of expression, which are broad in general in our nation, there are some things not allowed. No one is given the right to threaten someone else, and no one is protected for free speech that incites violence.
Good examples of free speech that rocks our collective community standards, are the funeral protests that have been carried out by people associated with the Westboro Baptist Church out of Topeka, Kansas. Believe it or not, as horrifying as the demonstrations are and how badly they hurt people’s sensibilities, the protests are legal, as long as protestors don’t spark violence.
Early in the Gulf War years, I covered a funeral in Yankton for a National Guard soldier, and the Westboro protestors were there with all of their hateful signs and shouting. Family and friends had to drive by them to get to the service held at the school. No one liked it, but the protestors were protected by the First Amendment.
It’s clear that the protection of freedom of speech is going to produce opinions that people both love and hate, no matter who you are or where you land on the political spectrum. We have perhaps the broadest rights to free speech in the world. But there are those times when you just can’t say whatever you want, because we also have criminal and civil rules.
It’s easy to remember how it works if you look at a standard that is taught as part of First Amendment laws for anyone who earns a journalism degree. You can’t falsely yell “fire” in a crowded movie theater. Think about it.