Key Post: Speech Theories

 

Protecting Speech & Expression in Modern America                                        

When the first amendment of the Bill of Rights was introduced by James Madison in the late 18th century, it was a radical idea. The forty-five words illustrate the founding fathers' commitment to a true democracy of leaders deriving their legitimacy through the consent of the governed. Since then, the first amendment has cemented itself as a cornerstone of an evolving American electorate. Today's hyper-polarized political climate is as relevant a time as ever to discuss some of these ideals surrounding one's freedom to express grievances about the government.

Most important value: Marketplace of Ideas- It seems logical to surmise that when all ideals are allowed to be suggested and debated that the truth/best path forward will emerge. However, the arrival of Donald Trump to the political sphere turned this concept on its head. Trump utilized Twitter as a means of advancing his campaign's agenda in a way no other candidate previously had by constantly criticizing other governmental figures and declaring major networks as "Fake News." Despite much of Trump's rhetoric being labeled bombastic or hyperbolic by the masses, his message highly resonated with many Americans who felt neglected by the current system. His tactics worked so well in fact that he was elected president in an upset victory over Hillary Clinton. Even with his victory, Trump and his opposition did not quiet down throughout the length of his term. There was never a true civil discussion or unified approach to seemingly any issue for all four years of his presidency. The marketplace of ideas suffered even further after Trump's defeat by Joe Biden as Trump continued to push the sentiment that the election was "rigged" or "stolen." These accusations were false and weren't supported by very credible information, yet Trump's influence and following on these platforms kept the narrative alive. Despite Trump vacating the office of the presidency, his unconventional anti-establishment message will likely linger amongst right-wing enthusiasts for years to come. 

                                  

Most personal value: Protect Dissent- For over 200 years, the two-party system has debated the ideals about how the country should continue to evolve. Although people have always disagreed, those in the minority opinion could still express themselves no matter how unpopular their preferred party was at the time. Some of this might be coming undone in the modern era. For years, conservatives have beat the drum about perceived liberal-bias in the media and social media platforms. This frustration gave way to the creation of Parler, a new site which was aimed at being a type of safe haven for right-wing thinkers. The app stayed out of the news cycles until Jan. 6 when it was discovered some who partook in the attack on the capitol had previously posted threats about that day or shared footage enthusiastically at the event. Almost immediately, Parler started to disappear from various app stores and 15 million users were silenced. This is where the issue gets more complex. Yes, threats of violence should be addressed and prosecuted immediately. Yes, the insistence that the election was "stolen" or "rigged" from Trump has not been supported by any hard evidence. Yes, what took place at the Capitol was wrong and inexplicable. However, this also reveals the uncomfortable truth about the power of unelected technology oligarchs. It was not Parler who chose to shut down but rather other platforms such as Amazon, Apple, or Google who offer the app in their virtual stores. Since these companies are not congress, the first amendment does not apply in this situation. Apple CEO Tim Cook suggested the app could return if its moderation could be properly secured. Parler has since resumed operations but is still not available for new downloads. It will be interesting to see what develops for these tech giants in the Biden administration since both sides of the political aisle have voiced concern for the overreach of these companies. Again, threats or hate speech should not be tolerated on any social networking sight. However, non-inciting forms of speech should be protected no matter how unpopular they might be to the masses. To use a quote by Evelyn Beatrice Hall commonly attributed to Voltaire, "I disapprove of what you say, but I will defend to the death your right to say it." The Republican party's platform might not resonate with the majority of Americans right now, but they deserve a platform to express those ideals. 

Most in action today: Stable Change- If American politics could be summarized in one word, it would be polarization. Each day it seems like the Democrats and Republicans drift further away from a moderate position and become more hard-lined on every issue. Despite the growing separation of the American political spectrum, both sides have accepted the long-standing unwritten rule of a peaceful transition of power. This idea acknowledges that although a large amount of citizens could be displeased with the results of an election, they are allowed to express frustration while simultaneously respecting the legitimacy of the new administration. Within the past five years though this long-standing ideal has been seemingly forgotten. The legitimacy of elections have repeatedly been called into question by both sides crying foul when their candidate somehow lost. When Trump was elected in 2016, the trend #notmypresident circulated across social media. Democrats also complained about the electoral college system undermining the will of the people, since Clinton won the popular vote by nearly three million ballots. Four years later it was Trump and his team tweeting #stopthesteal as a response to the mass sum of mail-in ballots which heavily favored Joe Biden. Questioning the legitimacy of free and fair elections, which are a novelty in the grand scheme of the world, only fans the flames of partisanship and furthers the divide between the parties. This power struggle is precisely what George Washington warned about in his farewell address. Poor George is probably rolling over in his grave flipping between news channels in the presidential afterlife. It would do both Democrats and Republicans best if they recognized the will of the people (whose interests they claim to have closest to heart) and not try to blame their shortcomings on some other phenomena. 

Sources:

https://www.thenews.com.pk/print/775259-failure-of-the-marketplace-of-ideas

https://theconversation.com/free-speech-in-america-is-the-us-approach-fit-for-purpose-in-the-age-of-social-media-152854

https://fortune.com/2021/01/28/trump-banned-twitter-free-speech/

https://www.nhpr.org/post/ask-civics-101-why-peaceful-transition-power-important#stream/0

https://thehill.com/opinion/white-house/533245-transition-of-power-greatness-meets-infamy

https://www.wsj.com/articles/why-was-parler-shut-down-heres-why-the-social-network-is-offline-11610478890

https://www.archives.gov/electoral-college/history

https://www.businessinsider.com/tim-cook-parler-could-return-apple-app-store-moderation-2021-1