8 Values of Free Expression

Dr. Smith's blog presents the eight values of free expression in an innovative and scholarly way. After bouncing ideas around in class, I've come to the conclusion that my number one value of free expression-just so happens to be number one on Dr. Smith's list. The Marketplace of Ideas, also known as Discovery of Truth by John Milton that suggests when truth and falsehood are allowed to freely grapple, truth will win out-it is the grappling that makes the truth even stronger. Of course Mill meant this value to be based on the metaphor of a market economy in a free exchange market where the people are rational consumers. To me, this value resembles almost a parent-child relationship to me. It's like the more a parent tells their child not to do something, the more they'll want to do it. Using society in place of the child and the government as the 'parent' makes this metaphor come to life in the eyes of policy. With this school of thought, values six and eight appear as subliminal messages. Placing strict regulations on people makes them feel inferior, thus coming back with a vengeance to push back twice more than before. When private sector social media companies like Twitter choose to delete or ban user accounts who violate their terms, like 45th President Donald Trump-people start to talk. Is it a violation of his first amendment right to free speech? Will Trump use his power to discredit Twitter? To answer these questions, no and you bet he tried. The knowledge from previous classes suggested the answer to this matter is state action doctrine. Since Twitter is a private sector, they're allowed to do so. Trump is also equally allowed to question Twitter and the lower court's decision by appealing his case to the Supreme Court but using certiorari, the court decided to throw out his case. Trying to silence Trump, only made him push back harder. Rather than shutting him down, Twitter could have used this idea to let the truth rise from false claims, when truth and falsehood are allowed to battle it out, truth will prevail. 

Values six, promoting tolerance tied to Lee Bollinger, revolves around this idea of not regulating speech under the first amendment right-freedom of speech, including hate speech-because of society's ability to act autonomous. Meaning, the people will take care of shaming, 'canceling', and condemning those who use hate speech. In fact, putting a law against hate speech would be unconstitutional due to prior restraint. By allowing someone to use ugly language, a more tolerant society could emerge. 

Value eight, protecting dissent with Steve Shiffrin says our system is a republic, not one of complete democracy. "Dissent" means to openly disagree with an official opinion or decision. The First Amendment protects all views, no matter how unpopular, so the people have a protected right to disagree with whomever they'd like-including the government. It's our patriotic duty to criticize the government because of our need to participate in the government. 

The Russo-Ukrainian war is the most recent example I can think of that Americans have taken to, criticizing the government and especially the current Biden administration. "Cancel-culture" is nothing new to this world but my generation has used it to shut down people for having opinions they do not agree with. In Media Law & Literacy, the class talked about far right Fox News host Tucker Carlson's controversial new Russian conspiracy theory. His claim, "Putin is really not all that bad" sent half of America into public uproar with his critique of the United State's actions with intervening in the Russo-Ukrainian conflict. This insentient need to bolster people who society agrees with and even turns them into icons of our generation while those who most disagree with are harassed on social media, fired from their jobs, or 'canceled'. Some people chose to go with the timeless jab "If you hate the government so much, then why don't you just go and join Putin." I mean wow. Just because someone shared their belief and disagreed with the government (which is their patriotic duty to do so by the way), we should tell them to leave the country and join Putin? I don't think so.  It seems the cancel culture cult has forgotten it's the people's right to free speech under the first amendment. Meaning even those who they disagree with are allowed to broadcast their message whenever and to whomever they'd like.