28 Nov. 2011
RD4
Freedom of Expression: Our Most Important Right
As one who follows current events rather closely, I have noticed the recent uptick in stories pertaining to so-called “offensive speech.” I often wonder how the framers of our Constitution would react upon hearing that there are those, in modern American society, who are actively trying to stifle the right to free expression and limit what can be said regarding the controversial issues of our time. The fact is that our founding fathers felt so strongly about this right that they put it in the 1st Amendment to the Constitution. I realize that there are certainly ideas, either published or simply expressed verbally, that could be considered by some to be in bad taste, unpatriotic, or even treasonous. However, this should not affect the ability of those who wish to state those ideas publicly to do so. [THESIS]If our country goes down the road of allowing those in power to place limits on what type of speech is considered acceptable, I fear that the end result could be a dystopian society where independent thinkers are punished and the only form of expression allowed is that which Big Brother condones. [THESIS]
I feel certain that the majority of those reading this essay are familiar with the term Big Brother. Most of us have either read George Orwell’s masterwork, Nineteen Eighty-Four or have heard the term used in popular culture. For those who have not, Big Brother refers to an over-controlling government that keeps the population under constant surveillance, in order to make sure that nobody says or does anything that does not meet with the approval of those in power. I understand that it might sound a bit far-fetched to imply that banning offensive speech could lead to the type of society I just described. However, if we take the step of allowing the powers that be to determine what can or cannot be said, there is no telling how far they will go, once we have acquiesced this fundamental right.
The ability and propensity of government to chip away at individual liberties is not something that should be taken lightly. There are numerous examples of governments around the world and throughout history that have sought to clamp down on free speech, especially when that speech is critical of those in power. Our own government should not be considered immune to the natural inclination of authority to maintain and further enhance its ability to control the population. One of the best ways to do this is to make sure that the voices of dissent are not heard.
Ward Churchill was one of these voices. Once a professor of Ethnic Studies at the University of Colorado, Churchill’s voice has been all but silenced because those in power did not agree with what he had to say. I realize that in this instance it was not the government doing the silencing. It was the governing members of this particular university. In any case, it is a clear example of those in positions of authority effectively marginalizing one whose opinions run counter to what they consider to be acceptable public discourse. What was Churchill’s crime? He wrote an article, shortly after 9-11, saying that the hijackers were justified in retaliating against the United States, because of our foreign policy which he considers to be imperialistic and genocidal. To amplify his point, he used incendiary language by referring to the people who worked in the World Trade Center as “little Eichmanns”. Understandably, this had more than a few people quite upset.
Churchill, however, was not without his defenders. Roger Bowen leads a group that comes to the defense of professors who find themselves embroiled in controversy. He summed up his group’s opposition to Churchill’s removal in the following statement, “Any time you silence speech, it affects the freedom of a university” (Beaudin). This statement, simple and to the point, reflects an undeniable truth. Many professors, at Colorado University and elsewhere, will not express themselves as freely as they would have, prior to this incident. Churchill will serve as a reminder to those who will now think twice before giving a controversial lecture of offering an unpopular opinion.
For the record, I would like to make perfectly clear my own personal disagreement with virtually everything I have heard Churchill say about the victims of 9-11, our nation’s military, and the historical role that the United States has played in changing the world. I, for one, believe that our country has been an overall force for good in the world. Whereas Churchill, judging by his writing and public lectures, appears to believe just the opposite. However, I would be the last one to suggest that, simply because I find his views to be distasteful and unpatriotic, he should somehow be punished for his courage and willingness to express those unpopular, but heartfelt, views.
Fred Phelps is another individual who has gained great notoriety expressing unpopular, but apparently heartfelt, views. Phelps is the leader of the Westboro Baptist Church. Most people, when they hear the word church attached to an organization, probably imagine a group of happy people, singing songs and preaching the importance of forgiveness and understanding. Unfortunately, the people who belong to this “church” are a far cry from that comforting image. Phelps’ followers bear more of a likeness to messengers of hate. They believe in a vengeful God. One who seeks to punish our country for what they see as the rampant immorality that has woven its tentacles throughout every aspect of our modern-day society. This extreme fringe group has made a name for itself by going to the funerals of fallen U.S. soldiers and espousing their belief that these deaths are the direct result of the collective moral failings by the citizenry of a country gone astray. Those who agree with these heartless actions and the bizarre theory that motivates them are surely in the minority. I would venture to say that, even on a very gloomy day, the number of people supporting this congregation probably does not get past the high single digits. However, popularity should not be a factor when deciding who can say what and where they can say it.
Once again, I feel obligated to clarify my position on this matter. I am in total disagreement with the beliefs of the Westboro Baptist Church and with the hurtful tactics that they employ. That having been said, I also believe that they should be allowed to freely express those beliefs and they should be allowed to continue to employ their hurtful tactics, no matter how much emotional damage this might cause. While these statements may sound incongruous, I am not the only one who feels this way. In fact, eight out of the nine members of the U.S. Supreme Court came to the same conclusion. According to an NPR article published on March 2, 2011 “The Supreme Court [in an 8-1 decision] ruled that the right to free speech protects Phelps and his church members to express their opinions during military and other high-profile funerals” (Chappell).
One of our class readings titled First Amendment: An Overview describes in one simple sentence why the Supreme Court ruled as they did: “The right to freedom of speech allows individuals to express themselves without interference or constraint by the government” (First). Thankfully, the highest court in the land still understands the inherent danger of letting the right to free expression begin to erode. In the Phelps case, they ruled that First Amendment rights far outweigh hurt feelings.
A classmate of mine, Mala Arkin, wrote a post attacking the right of people lik Churchill to use offensive speech, “If people like Ward Churchill are invited, even welcomed, to spread hate and anti-American sentiments among the leaders of tomorrow our country and subsequently the world will be a scarier place to live in” (Arkin). While I can understand the reasoning behind her statement, I find myself disagreeing with her conclusion. It is true that spreading messages of hate to the youth of our country is something that could possibly have deleterious effects in the future. However, the world that I find truly scary is one where the population is afraid to speak their mind for fear of offending the authorities.
Another classmate of mine, Dean Kurozumi, takes an approach that may sound fairly mild but is also playing with fire, “We cannot deny him [Ward Churchill] the right to say certain things because he is under our constitution, but we should have the right to restrict what he says (Kurozumi). Restricting what someone is allowed to say is quite probably the exact abuse of power that our Founding Fathers were considering when they added the First Amendment to the Constitution.
Freedom of Speech is a touchy issue. There is no doubt that allowing people to say what they want, no matter how offensive, has its drawbacks. Feelings may get hurt, tempers may flare, and violence may even erupt. As unpleasant as these things may sound, one must look at the alternative. While I do not see Big Brother making an appearance any time in the near future, we must be ever vigilant to protect those rights that were fought so hard for and that we are blessed to have to this very day. We must not allow even the slightest erosion of those rights, for we could wake up one morning and find ourselves living in the type of world previously found only in sci-fi novels or totalitarian regimes. Most importantly, we must give thanks that the framers of our Constitution were wise enough to ensure that Americans will always be able to speak their minds, no matter how disagreeable that speech may be perceived, as long as we protect and defend those rights laid out in our Constitution.
Works Cited
Arkin, Mala. “Attack Churchill.” Online Posting. 15 Nov. 2011. Laulima Discussion. 31 Oct. 2011. [https://laulima.hawaii.edu/portal/site/KAP.XLSENG215js.201210/page/70638c63-3d48-4275-828a-7e37acace01e]
Beaudin, Matthew. "Churchill Quits Chairmanship." dailycamera.com 1 Feb. 2005. 10 Apr. 2006
"First Amendment: An Overview." N.d. Legal Information Instiitute. Cornell Law School. 5 June 2003
Kurozumi, Dean. “Attacking Ward Churchill.” Online Posting. 17 Nov. 2011. Laulima Discussion. 28 Nov. 2011. [https://laulima.hawaii.edu/portal/site/KAP.XLSENG215js.201210/page/70638c63-3d48-4275-828a-7e37acace01e]
