Free Speech is American

Free Speech is American

“Congress Shall Make No Law Respecting an Establishment of Religion, or Prohibiting the Free Exercise Thereof; or Abridging the Freedom of Speech, or of the Press; or the Right of the People Peaceably to Assemble, and To Petition the Government for a Redress of Grievances.” — First Amendment

Without free speech, we’re not Americans.

Here are some quotations for you, which I snagged from the convenient repository at the ALA (American Library Association, whose code of ethics includes the vor to "uphold the principles of intellectual freedom and resist all efforts to censor library resources.”) The often-underestimated librarians and the ACLU will be the last of us to give up, I am certain.

“Restriction of free thought and free speech is the most dangerous of all subversions. It is the one un-American act that could most easily defeat us.” — Supreme Court Justice William O. Douglas

“Whoever would overthrow the liberty of a nation must begin by subduing the freeness of speech.” — Benjamin Franklin

“The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One’s right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections.” — Supreme Court Justice Robert Jackson, West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943)

“Every man—in the development of his own personality—has the right to form his own beliefs and opinions. Hence, suppression of belief, opinion and expression is an affront to the dignity of man, a negation of man’s essential nature.” — Toward a General Theory of the First Amendment, Thomas Emerson

“Free speech is the whole thing, the whole ball game. Free speech is life itself.” — Salman Rushdie

“Those who won our independence believed that the final end of the State was to make men free to develop their faculties; and that in its government the deliberative forces should prevail over the arbitrary. They valued liberty both as an end and as a means. They believed liberty to be the secret of happiness and courage to be the secret of liberty. They believed that freedom to think as you will and to speak as you think are means indispensable to the discovery and spread of political truth; that without free speech and assembly discussion would be futile; that with them, discussion affords ordinarily adequate protection against the dissemination of noxious doctrine; that the greatest menace to freedom is an inert people; that public discussion is a political duty; and that this should be a fundamental principle of the American government.” — U.S. Supreme Court Justice Louis D. Brandeis (1856–1941), Whitney v. California, 274 U. S. 357 (1927)

“Protecting the safety of the American people is a solemn duty of the Congress; we must work tirelessly to prevent more tragedies like the devastating attacks of September 11th. We must prevent more children from losing their mothers, more wives from losing their husbands, and more firefighters from losing their heroic colleagues. But the Congress will fulfill its duty only when it protects both the American people and the freedoms at the foundation of American society. So let us preserve our heritage of basic rights. Let us practice as well as preach that liberty. And let us fight to maintain that freedom that we call America.”—U.S. Senator Russ Feingold, Statement of U.S. Senator Russ Feingold on the Anti-Terrorism Bill, 10/25/2001

“If large numbers of people believe in freedom of speech, there will be freedom of speech, even if the law forbids it. But if public opinion is sluggish, inconvenient minorities will be persecuted, even if laws exist to protect them.”—George Orwell, author, c. 1945

“If there be time to expose through discussion the falsehood and fallacies, to avert the evil by the processes of education, the remedy to be applied is more speech, not enforced silence.”—U.S. Supreme Court Justice Louis D. Brandeis (1856–1941), Whitney v. California, 274 U. S. 357 (1927).

"Experience should teach us to be most on our guard to protect liberty when the Government’s purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding." — Supreme Court Justice Louis Brandeis, Olmstead v. U.S. (1928)

“If we are to violate the Constitution, will the people submit to our unauthorized acts? Sir, they ought not to submit; they would deserve the chains that these measures are forging for them. The country will swarm with informers, spies, delators and all the odious reptile tribe that breed in the sunshine of a despotic power…[T]he hours of the most unsuspected confidence, the intimacies of friendship, or the recesses of domestic retirement afford no security. The companion whom you most trust, the friend in whom you must confide, the domestic who waits in your chamber, all are tempted to betray your imprudent or unguarded follie; to misrepresent your words; to convey them, distorted by calumny, to the secret tribunal where jealousy presides — where fear officiates as accuser and suspicion is the only evidence that is heard…" – Edward Livingston, opposing the Alien & Sedition bills of 1798, in Congress

“In times like these, we are tempted to defer to authority in the name of security and victory, to mistake panic for patriotism, and to look the other way as secrecy, censorship and self-censorship take the place of reasoned policy-making. To surrender to such temptations is to compound the tragedies of Sept. 11.” — Paul McMasters, Denial of access shushes the democratic dialogue

“If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein.” — Supreme Court Justice Robert Jackson, West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943)

“He that would make his own liberty secure must guard even his enemy from opposition; for if he violates this duty he establishes a precedent that will reach to himself.” — Dissertations on First Principles of Government, Thomas Paine

“They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.” — Benjamin Franklin, Historical Review of Pennsylvania, 1759

So what if we DO give up our liberty? History is unremitting in its answer. No matter the time or the place, no matter what government, no matter how seemingly well-meaning, it usually turns out much the same way. Greed. Corruption. Power. Control. Unfairness. Injustice. Oppression.

The following account of a German professor describing the coming of fascism in They Thought They Were Free: The Germans, 1933-45 (Milton Mayer, U of Chicago Press, 1966) a book about how and why "decent men" became Nazis. We have to choose.

“What happened was the gradual habituation of the people, little by little, to be governed by surprise, to receiving decisions deliberated in secret; to believe that the situation was so complicated that the government had to act on information which the people could not understand, or so dangerous that, even if people could understand it, it could not be released because of national security. ~ The crises and reforms (real reforms too) so occupied the people that they did not see the slow motion underneath, of the whole process of government growing remoter and remoter. ~ To live in the process is absolutely not to notice it — please try to believe me — unless one has a much greater degree of political awareness, acuity, than most of us ever had occasion to develop. Each step was so small, so inconsequential, so well explained or, on occasion, ‘regretted.’ ~ Believe me this is true. Each act, each occasion is worse than the last, but only a little worse. You wait for the next and the next. You wait for one shocking occasion, thinking that others, when such a shock comes, will join you in resisting somehow. ~ Suddenly it all comes down, all at once. You see what you are, what you have done, or, more accurately, what you haven’t done (for that was all that was required of most of us: that we did nothing) . . . You remember everything now, and your heart breaks. Too late. You are compromised beyond repair.”

Interesting take on Mayer as applied to the USA is at "They Hate Us Because of Our Freedom" by Al Hambidge at http://www.strike-the-root.com.

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