The Eight Values of Free Expression (Key Post)

Key Post: The Eight Values of Free Expression 

Check on Governmental Power and Protection of Dissent

The eight values of free expression are the marketplace of ideas, participation in self-government, stable change, individual self-fulfillment, check on governmental power, promotion of tolerance, promotion of innovation, and protection of dissent.  Out of the eight values of free expression, the value of  “Check on Governmental Power” stuck out the most to me.  The United States government was designed to be for the people and by the people, so unless the people are allowed to freely communicate with the government, this design will deteriorate.  The government has many checks and balances built into the system (including the three-way split of power between the federal branches, the balance between state and federal power, etc.), but free speech remains an essential safeguard in case these other measures ever fail.  Over the course of our nation’s history, the federal government has only grown in power and it seems that trend will continue.  Therefore, the right of individuals to bring their grievances to the government is key to preserving democracy and ensuring that we the people can actively participate in government.   

Although our tripartite system of government is important in balancing power within the government, American citizens also need to have a way to actively engage with the government, even if they themselves are not elected officials.  The First Amendment allows citizens to share their thoughts without fear of censorship or punishment.  This in turn encourages public discourse, as people can share their opinions (no matter how unpopular) without the threat of legal repercussions.  Additionally, this allows Americans the freedom to criticize elected officials, their decisions, and their policies.  This criticism can be helpful in bringing about change and finding helpful solutions. 

Additionally, I believe that the value of protecting dissent fits in very well with the value of checking government power because both encourage citizens to use their rights to voice their grievances to the government.  Although they are separate, there are many occasions on which a person will use their First Amendment rights to do both at once, such as when protesting a very popular policy.  Even if an individual’s opinion is completely unique and not held by anyone else in society, their right to express it is protected just as much as another individual’s right to express their widely held view.  If the majority of the population views a certain opinion as unintelligent, dangerous, or immoral, the people who hold those opinions still have every right to talk, post, and write about their beliefs.  The founding fathers knew the importance of preventing a “Tyranny of the Majority,” as the American colonies were populated with various immigrant groups who had fled here to escape religious and political persecution.  Therefore, the authors of the Constitution knew that they must write protections for all people into the Constitution in order to allow those with “minority beliefs” their full freedom.  

Both of these values play into the developing story of the “Twitter files,” a series of documents released by Elon Musk revealing U.S. government involvement in the censorship of certain individuals (including renowned doctors and political dissidents) on X, a social media platform formerly known as Twitter.  The confirmation of direct government involvement in Twitter’s decision to censor and deplatform select individuals allows those same censored individuals to have a convincing First Amendment violation case against Twitter, since such cases would fulfill the qualifications of a free speech infringement case under the concept of State Action Doctrine.  However, the Twitter Files point to a larger need in society for free expression in the online world.  Legally, platforms such as X, Facebook, Youtube, Spotify, etc. can remove whoever they please from their platforms since they are private companies.  Additionally, regardless of where the speech is said, written, or posted, the First Amendment is not absolute, and not all speech is protected. 

However, this case highlights the importance of the protection of unpopular speech, especially in the public square.  If doctors and experts such as Dr. Jay Bhattacharya had been allowed to freely criticize government health policies on a platform reaching millions of people, could more lives have been saved during the COVID 19 pandemic?  Doubtless, solutions to the spread of illness could have been found much more quickly if doctors were allowed to openly criticize, question, and experiment throughout the early stages of the pandemic.  

The eight values of free expression play active roles in developing our society by strengthening political policy, allowing for an exchange of ideas, enabling individuals to express their identity and beliefs, giving citizens a way to bring their grievances directly to the government, and endless other benefits.  From my perspective, the check on government power and the protection of dissent are the most key to our democratic republic and the continuation of self-government.  Without these principles, we would not be able to express our grievances directly to the government without fear of legal punishment.  This fear would prevent lively discourse in our society and allow groupthink to set in.  The right to express unique opinions must be protected because the expression of such opinions entices us to engage in the public conversation and look for ways to support and possibly change our own opinions. 

Credit to https://www.newsnationnow.com/on-balance-with-leland-vittert/stanford-doctor-among-those-blacklisted-on-twitter/, https://www.newyorker.com/news/the-political-scene/what-the-twitter-files-reveal-about-free-speech-and-social-media, https://www.vox.com/policy-and-politics/2022/12/15/23505370/twitter-files-elon-musk-taibbi-weiss-covid, and https://medlawlit.blogspot.com/p/blog-page_9.html 

The History and Workings of the Supreme Court 

The current members of the Supreme Court

Before taking this class, I knew fairly little about the Supreme Court and its workings.  However, these videos have given me a new perspective on the Supreme Court and its justices.  I was surprised to learn that there have been just over 100 Supreme Court justices throughout American history, which seems extremely low.  After all, that’s less than half of the amount of representatives in the House of Representatives currently serving.  It does seem to make the court more sacred though, because so few people have carried the responsibility of its immense power.  

The most important thing I took away from this video is that the Fourteenth Amendment is often referred to as the “Second Bill of Rights.“  This is due to the fact that, similarly to how the Bill of Rights protects individuals from the excesses of federal power, the Fourteenth Amendment protects individuals from the excesses of state power.  Through the Equal Protection and Due Process clauses, the right to equality under the law is protected.  Before this class, I knew that the Fourteenth Amendment was one of the “Reparation Amendments“ added to the Constitution after the Civil War, but didn’t understand its impact beyond making African Americans citizens.  The Fourteenth Amendment didn’t just grant a huge group of people their rights, but protects the rights of all Americans to this day.  

Protester holding a sign with a quote from the 14th Amendment

I was surprised to learn that lawyers only have half an hour to deliver oral arguments in the Supreme Court.  I had always envisioned the arguments in such significant cases to be days long and very drawn out.  It was also interesting to me how the lawyers can’t follow a set script for their case, as the justices are constantly asking them questions.  The lawyers have to adapt the frame of their arguments as they go depending on the questions they receive, which means they are thinking on their feet for the full thirty minutes.  It sounds so stressful, especially considering how high the stakes are for not only their client, but often the nation itself.  

Illustration of the oral arguments of Dobbs v. Jackson

I had always thought of the Supreme Court as an old empty chamber where people would present long, dull arguments for days on end to a group of elders.  As something necessary and respected, but not really relevant to my daily life.  This video has painted the court in a completely different light, as something bustling with clerks doing key research and reporters seeking answers to pass on to the American people.  It no longer seems dull and empty, but full of life and importance.

 

 My Top Five News Sources

Instagram: Instagram is by far the most used app on my phone.  It is incredibly versatile and I follow a wide variety of profiles, from my close friends, to entrepreneurs, to artists, to politicians, to models, to musicians, to political commentators, to ministries, to organizations on the national and college level.  The diversity of accounts I followed would be unimaginable to my ancestors, who settled in the same place for hundreds of years and only had contact with the people nearby.  In a single day I am fed so much information and inspiration via social media, and it can be difficult at times to sift the truth from the variety of opinions constantly being tossed around.  However, there are various independent journalists that I follow whose content is fairly reliable.  https://www.instagram.com/ 

Upward News Newsletter: I get the Upward News newsletter in my email, and it has been helpful for understanding complex national issues.  Upward News is run by independent journalists, so some of its content is behind a paywall, but even the free version can be helpful for breaking down current events.  Upward News breaks up its stories into small paragraphs similar to Axios, but I like that they are a small media company that is not funded by a billionaire. Upward does have a bit of a right wing bias, but I like that they cover stories that major news outlets may not report on. https://www.upward.news/

Word of Mouth: Word of mouth has always been a method for humans to gather information and I doubt that that will ever change.  Even among younger circles, national and global issues are constantly brought up and debated.  Many people our age are a bit arrogant in believing that their

views are absolute truth, and others who don’t fully understand issues can unintentionally spread false information to their friends.  Although word of mouth isn’t always accurate, it can spark our interest in topics and encourage us to seek the truth in complex issues.  Unlike when we’re in class or at home, when we are in conversation with friends, we typically aren’t trying to prove ourselves to be right.  This opens us up to new perspectives on issues and sparks our curiosity.  

Snapchat: Snapchat is notoriously full of clickbait and exaggerated and false news stories, but I will scan over the titles of news stories and then research the ones that catch my interest.  I wouldn’t trust Snapchat as a source alone, but it serves as a good jumping off point for finding news stories that

interest me so that I can then dive deeper into them from other sources.  Additionally, Snapchat is a means for communicating with my real-life friends, so it can also be used as a method for receiving information via word of mouth.  Admittedly, the things learned via word of mouth over Snapchat’s messaging system are often more reliable than the posts on Snapchat Spotlight.  https://www.snapchat.com/ 

Youtube: Youtube has a variety of reliable news sources, and videos can range in length.  There are bite-sized “Shorts” that gloss over the main facts of a story without going into too much detail. 

Alternatively, if you want to go in depth with your research into a topic, there are infinitely many sources from places all around the globe that can help you to better understand a topic or situation.  It is difficult to seek out unbiased content creators, as many of these individuals feed off of controversy, but you can experience a range of viewpoints and perspectives through the variety of Youtubers.  https://www.youtube.com/