The topic of discussion for this Constitution Monday concerns the First Amendment right to freedom of speech – oral or written. An internet dictionary definition for freedom of speech said that it is “the right to express any opinions without censorship or restraint.” This says that every American has the right to express his/her opinion without being censored or restrained by any individual, organization, or government.
This freedom was protected by a federal appeals court on Friday when it struck down city ordinances that prohibited licensed therapists who offered “conversion therapy” that could change the sexual orientation or gender identity of a minor. The court ruled that the ban on conversion therapy violated the First Amendment rights of the therapists.
Boca Raton and Palm Beach County prohibit
therapists from engaging in counseling or any therapy with a goal of changing a
minor’s sexual orientation, USCA11 Case: 19-10604 Date Filed: 11/20/2020 Page:
1 of 47 2 reducing a minor’s sexual or romantic attractions (at least to others
of the same gender or sex), or changing a minor’s gender identity or
expression—though support and assistance to a person undergoing gender transition
is specifically permitted. These restrictions apply even to purely speech-based
therapy. Two therapists argue that the ordinances infringe on their
constitutional right to speak freely with clients. They appeal the district
court’s denial of their motion for a preliminary injunction. We understand and
appreciate that the therapy is highly controversial. But the First Amendment
has no carveout for controversial speech. We hold that the challenged
ordinances violate the First Amendment because they are content-based
regulations of speech that cannot survive strict scrutiny….
The First Amendment prohibits the
political restriction of speech in simple but definite terms: “Congress shall
make no law . . . abridging the freedom of speech.” U.S. Const. amend. I. Those
same terms, and their guarantee of free speech, now apply to states and
municipalities as well as to the federal government. See Cruz v. Ferre, 755
F.2d 1415, 1418 (11th Cir. 1985). At the heart of that guarantee is “the
principle that each person should decide for himself or herself the ideas and
beliefs deserving of expression, consideration, and adherence.” Turner
Broad. Sys., Inc. v. FCC, 512 U.S. 622, 641 (1994). (Emphasis added.)
The court did not rule on whether “conversion
therapy” is a good thing. It simply ruled that therapists had the right to speak
freely about sexual orientation and gender identity. The case may be appealed
and taken to the Supreme Court, but freedom of speech has been defended.
This ruling declares that no government has
the right to place political restrictions on speech. Every American has the
right to express their opinion without censure. Freedom of speech applies to
social media as well as any other domain. Everyone is free to express their
opinion as they choose, and no one has the right to censure them.
This means that no one has the right to
tell anyone that a post is divisive, hurtful, or anything similar or to say
anything meant to stop unwanted speech. If a person does not like what is
written or being said, that person should stop reading or walk away. They
should never attempt to censure the speech of another person.
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