Issue 10.15
If any government has the intention to “control” the people (in other words, become a tyranny), the first thing they do is control access to weapons which the people can use to defend themselves. We will address that issue in another article. The second thing they do is control access to information.
This control can take many forms. In the founder’s day, the primary avenue for the people to get information was through the press and through public meetings. They were very careful to safeguard the right of people to speak freely as well as transmitting their ideas and concerns through the written word. This could include newspapers, periodicals and pamphlets as well as private and public letters. Today, access to information has become much wider and easier. We have cell phones, facebook, twitter, news feeds, blogs, magazines, news and opinion shows and even channels on radio and tv dedicated only to news and opinion.
In the grand balance required by true liberty, freedom must be accompanied to an equal degree by responsibility. So it is with freedom of speech and of the press. We are often reminded that we are free to speak what we will, but there are limitations that are necessary. We do not have the right to yell “fire” in a crowded theatre when there is no threat because it would likely cause panic and injury to others unnecessarily. Individuals and organizations, especially those in the public trust such as newspapers, radio and tv stations, etc., must hold themselves accountable to be truthful and accurate to the best of their ability. This freedom does not shield anyone or any organization from being charged with libel or slander if they knowingly state falsehoods or make criminal charges without evidence. We have seen fallout in recent years when television news people have been caught fabricating information to harm entities or sell a story that wasn’t true. Likewise, a century ago, the media was brought into disfavor because newspapers told half-truths and all out lies to sell papers. Some fabricated stories of atrocities to encourage the public to support wars against countries the government wanted to punish or control. It was known as the “yellow press”. Some of those actions brought legal consequences and rightly so.
In the absence of intention to deceive or to harm, people have the right to speak their minds and opinions freely and to encourage others to embrace those thoughts and beliefs. This includes spreading the knowledge of the actions of government officials that may be suspect or evil. This is what tyrannical governments most fear about freedom of speech and the press. They don’t want to have their actions known, especially not to the whole world. Our own government has sought recently to create the ability for them to shut down the internet, social media, cellular access or access to news broadcasts if they deem, in their “judgement”, that the content being shared could lead to rioting, violence or other undesirable actions by the public. They reference the “shouting fire” analogy but they do so in error. The analogy only holds if the information being transmitted is false. If the theatre is actually on fire, it is the responsibility of those who know or see to spread that information as quickly and intently as possible. Likewise, those who know of actions our government undertakes that are wrong (in opposition to personal freedom or the ability to think, share and compare ideas and information), have the responsibility to shine a light on such actions. The First Amendment protects those rights with these words. “Congress shall make no law… abridging the freedom of speech, or of the press…” We must all vigorously defend and support the responsible fulfillment of those rights.
Lynn West is a thinker, a teacher and a patriot. You can reach him through email at forgingthefuture2021@gmail.com or through this newspaper. Liberty is a state of being which must be continually created. These articles can help all of us discover the ways we can contribute to that outcome.