Issue 11.15
As we discussed last time, freedom of speech was often connected to the “right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” This was because gathering at the local public house or on a street corner was usually when the people could speak and listen to each other before we had all the electronic communications we have now. The fact that we have those devices does not, however, take away the rights here mentioned. In fact the First Amendment guarantees that “Congress shall make no law.. abridging.. “ those rights.
Many efforts have been made to take away those rights, usually by those in power that do not like the people to gather and say what they think – especially when it is critical of “those in power”. As with all rights and freedoms, there are responsibilities that are connected and limits that can reasonably be applied. For example, the Amendment contains the phrase “peaceably to assemble” which makes it clear that assembling to riot or create fear in or harm to anyone or damage to property would not apply to this freedom.
There have been numerous example of government infringing on this right, but most of the time they get it right. During the Civil Rights movement (which is still going on to some extent) there were many marches and other mass gatherings that highlighted the oppression of minorities and demanded that government act to require that people not discriminate against people based on their racial heritage or color of their skin. When these demonstrations were peaceful and petitioned “the Government for a redress of grievances”, they were protected by the First Amendment. Other demonstrations and gatherings have opposed government policies and actions involving foreign wars, voting rights (especially for women in the early 20th Century), and mandatory health care. The fact that, occasionally, legal and governmental groups tried to stop the gatherings or arrest those involved highlights how much we need to be vigilant and hold our authorities to the standards of the Constitution. Sadly, many bureaucrats and even office holders seem to believe they should only protect our liberties until and unless we disagree with them.
The very fact that most of the progress and improvements made in government in the last 200 years came about because the people in large groups stood up and spoke about injustice and wrong thinking, illustrates how insightful our founders were in protecting those rights. It is also true that people with wrong ideas have the right to assemble, speak and petition government. We must protect their rights as well so that the ability of the people to hold government accountable does not disappear from our lives and our futures. It is true that, when held up to the light, most bad ideas are eventually discarded. In a nation where the government is to be “of the people, by the people and for the people”, if the majority of the people get it wrong or support destructive ideas, they will either suffer for it or correct it.
That is why it is so critical that we become scholars of the Principles of Freedom and of the Constitution. We not only must understand these concepts, but teach our neighbors and require that our representatives uphold them or vote them out of office.
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.