The
topic of discussion for this Constitution Monday concerns the First Amendment
guarantee to free speech: “Congress shall make no law … abridging the freedom
of speech….” I noticed that the amendment does not tell us what is meant by speech,
free speech, or if all types of speech are protected.
L.
S. Vygotsky (1896-1934), a Russian theorist, recognized that our human
ancestors used tools in their efforts to master their environment and to
survive. He proposed that humans also created “psychological tools” with which
to master their own behavior (William Crain, Theories of Development, 2016).
Some of the first tools were notched sticks and knotted ropes when they needed
to remember how many of whatever there were. They later made other mental
tools, such as maps to return to a certain place or to plan future moves.
Vygotsky
called the human-made tools signs. Some of the most important signs used
by human beings are speech, writing, and numbering systems. Speech serves
numerous functions as it helps us to communicate. Words symbolize things and
events, and speech helps us to share past experiences and to plan for future
events. Writing and numbering systems help us to keep permanent
records of information.
This
means that we should first recognize that speech is a way for us to
communicate our thoughts and feelings to other people, to share our
experiences, and to plan for the future. The First Amendment guarantees that
the government shall not abridge our right to speak freely. This means
that the government cannot restrict, hinder, or restrain our ability to put our
thoughts and feelings into words.
Lawyers.com
defines freedom of speech as something more than words coming out of a
mouth.
As humans, we have many different ways of
expressing our thoughts, opinions, and beliefs. While the text of the First
Amendment refers to “freedom of speech,” courts have recognized that this right
includes many different kinds of expression, including
:
·
Spoken
and written words, including social media posts and comments,
·
Theater,
dance, visual art, movies, TV shows, videos, and video games,
·
Actions
that convey a message (known as “symbolic speech”) like burning a flag,
·
Clothes
that express an opinion or demonstrate faith, from T-shirts with slogans to
religious headscarves,
·
Signing
a petition, and
·
Money,
in the form of independent spending related to political campaigns (Citizens United
v. Federal Election Commission, 558 U.S. 310 (2010)).
History.com explains that freedom of speech is “the right to
express opinions without government restraint.” It is “a democratic ideal that
dates back to ancient Greece” where free speech was pioneered as a democratic
principle. The site continues by explaining that freedom of speech in the
United States is guaranteed, but it can be limited. “In a series of landmark cases, the
U.S. Supreme Court over the years has helped to define what types of speech are
– and aren’t – protected under U.S. law.” According to this site, the following
speech is not protected:
· Obscene material such as child pornography,
·
Plagiarism of copyrighted material,
·
Defamation (libel and slander), and
·
True threats.
This brings us to the vote on the privileged resolution in the U.S. Houseof Representatives to censure Democratic Rep. Rashida Tlaib of Michigan’s 12th
District on Tuesday night. The measure passed the House by a vote of 234 yeas
to 188 nays. Twenty-two (22) Democrats voted for the resolution, four (4) Republicans
voted against it, four (4) members voted present, and seven (7) members did not
vote.
Tlaib was censured for her statements criticizing Israel for its response
to the terrorist attack by Hamas on October 7. In the attack, people of all
ages from infants to elderly were killed in a gruesome manner by the
terrorists. Tlaib was also criticized because she appeared at rallies hosted by
anti-Israel groups, such as Jewish Voices for Peace, in Washington, D.C.
In addition, Tlaib was censured for using the statement “From the river
to the sea.” This is a statement used by Muslims, terrorists, and others that
means death to all Jews. Tlaib claimed in a tweet that it is “an aspirational
call for freedom, human rights, and peaceful coexistence, not death,
destruction, or hate.” However, Tlaib’s words and actions served to bring out
anger and hate against Jews.
In keeping with the topic of this post, I must
ask a question: Did Tlaib cross the line when she made her statements and
participated in the protests? She probably did not if she were a regular
citizen. Even though Tlaib is a Palestinian-American with family living in
Gaza, she is a member of the U.S. House of Representatives where she is held to
a higher standard. Her words and actions were not appropriate for the position
she holds. Her colleagues in the House did not infringe on Tlaib’s freedom of
speech. They merely told her by their vote that her statements and actions were
not appropriate for a member of the House.
As
a member of The Church of Jesus Christ of Latter-day Saints, I often hear
counsel from leaders to represent the Church of Jesus Christ well. If I were to
cross the line into saying words or taking actions that would be embarrassing
to the Church of Jesus Christ or its leaders, I could be censured – given a
warning, having some privileges withdrawn, or losing my membership. I am to be
a good representative of Jesus Christ and should speak and act as one. This is
the same expectation of Tlaib – to speak and act as a member of the House of Representatives
should.