Free speech is one of our fundamental rights — it is not a gift from the state to be withdrawn at the whim of a government, but the birth right of our citizens. I sympathise with the aims of this government to maintain law and order — but that must not be at the expense of our precious rights and freedoms...
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Freedom of speech is a principal pillar of a free government; when this support is taken away, the constitution of a free society is dissolved, and tyranny is erected on its ruins. Republics and limited monarchies derive their strength and vigor from a popular examination into the action of the magistrates.
Seeing as how there are so many different beliefs in the world, and as it would be virtually impossible for all of us to agree on any one belief, you may begin to realize just how important an idea like ‘freedom of speech’ really is. The idea basically states ‘while I don’t agree or care for what you are saying, I do support your right to say it, for herein lies true freedom.’You say you found my material ‘offensive’ and ‘blasphemous’. I find it interesting that you feel your beliefs are denigrated or threatened when I’d be willing to bet you’ve never received a single letter complaining about your beliefs, or asking why they are allowed to be.
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Freedom of speech and of the press are fundamental rights which are safeguarded by the due process clause of the Fourteenth Amendment of the Federal Constitution. [...] The right of peaceable assembly is a right cognate to those of free speech and free press, and is equally fundamental. As this Court said in United States v. Cruikshank, 92 U.S. 542, 552: </br> The very idea of a government, republican in form, implies a right on the part of its citizens to meet peaceably for consultation in respect to public affairs and to petition for a redress of grievances. </br> The First Amendment of the Federal Constitution expressly guarantees that right against abridgment by Congress. But explicit mention there does not argue exclusion elsewhere. For the right is one that cannot be denied without violating those fundamental principles of liberty and justice which lie at the base of all civil and political institutions — principles which the Fourteenth Amendment embodies in the general terms of its due process clause. [...] </br> These rights may be abused by using speech or press or assembly in order to incite to violence and crime. The people, through their legislatures may protect themselves against that abuse. But the legislative intervention, can find constitutional justification only by dealing with the abuse. The rights themselves must not be curtailed. The greater the importance of safeguarding the community from incitements to the overthrow of our institutions by force and violence, the more imperative is the need to preserve inviolate the constitutional rights of free speech, free press and free assembly in order to maintain the opportunity for free political discussion, to the end that government may be responsive to the will of the people and that changes, if desired, may be obtained by peaceful means. Therein lies the security of the Republic, the very foundation of constitutional government.
We must preserve the right of free speech and the right of free assembly. But the right of free speech does not carry with it, as has been said, the right to holler fire in a crowded theater. We must preserve the right to free assembly, but free assembly does not carry with it the right to block public thoroughfares to traffic. We do have a right to protest, and a right to march under conditions that do not infringe the constitutional rights of our neighbors. And I intend to protect all those rights as long as I am permitted to serve in this office. We will guard against violence, knowing it strikes from our hands the very weapons which we seek — progress, obedience to law, and belief in American values.
I regard free speech as a prerequisite to a civilized society, because freedom of speech means that you can have combat with words. That's what it means. It doesn't mean that people can happily and gently exchange opinions. It means that we can engage in combat with words, in the battleground of ideas. And the reason that that's acceptable, and why it's acceptable that people's feelings get hurt during that combat, is that the combat of ideas is far preferable to actual combat.
Speech is an essential mechanism of democracy, for it is the means to hold officials accountable to the people. [...] The right of citizens to inquire, to hear, to speak, and to use information to reach consensus is a precondition to enlightened self-government and a necessary means to protect it. [...] By taking the right to speak from some and giving it to others, the Government deprives the disadvantaged person or class of the right to use speech to strive to establish worth, standing, and respect for the speaker’s voice. The Government may not by these means deprive the public of the right and privilege to determine for itself what speech and speakers are worthy of consideration. The First Amendment protects speech and speaker, and the ideas that flow from each.
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