The First Amendment of the U.S. Constitution is the
cornerstone of our freedom, but free speech is often the first right to
be curtailed in times of turmoil (i.e., the Alien and Sedition Acts, The
Espionage Act, the Palmer Raids, HUAC, and, of course, the Patriot Act
in its various forms). Despite the fact that the U.S. is more
superstitious and less progressive than most other industrialized
nations, our devotion to free speech sets us apart from other nations
that are quick to outlaw unpopular speech, particularly “hate speech.”
Since September 11th, though, things have been different.
Consider these three cases:
1.
The controversy over Ward Churchill’s essay, “On the Justice of
Roosting Chickens,” in which the University of Colorado Professor
referred to employees in the World Trade Center as “little Eichmanns.”
Many of his speaking engagements were canceled as a result of the
controversy and prominent politicians (such as Gov. Pataki of NY and
Gov. Owens of CO) have called for his firing. He is not the first
professor to be heavily criticized or disciplined for controversial
remarks. In Churchill’s case, some of the post powerful men in politics
have attempted to silence him and take him out of any position of
influence.
2.
In Virginia, a prominent Muslim cleric was arrested and sentenced
to life in prison for advocating that his follower join the Taliban.
The cleric, Ali al-Timimi, was convicted solely on his speech – there
was no accusation of illegal action or any conspiracy to commit an
illegal action.
3.
At the Houston Intercontinental Airport, a baggage handler was
fired after it was discovered that, off the job, he raps under the name
“Arabic Assassin.” His album is titled “Terror Alert” and his lyrics
applaud terrorism and call for future violence. He claims that he was
fired for off-the-job speech that had nothing to do with his job
performance and that his First Amendment rights are being violated.
How do we define free speech in times of terror?
When does the expression of opinion and ideas cross the line and become
incitement and illegal activity? How can one weigh the importance of
free speech against the importance of national security?
Speak out.