Censorship is a Personal Decision

Censorship is a Personal Decision

"One man's vulgarity is another's lyric."

Justice John M. Harlan, Cohen v. California (1971)

It is probably no accident that freedom of speech is the first freedom mentioned in the First Amendment: "Congress shall make no law...abridging the freedom of speech, or of the press, or of the people peaceably to assemble, and to petition the Government for a redress of grievances." The Constitution's framers believed that freedom of inquiry and liberty of expression were the hallmarks of a democratic society.

Freedom of speech, of the press, of association, of assembly and petition -- this set of guarantees, protected by the First Amendment, comprises what we refer to as freedom of expression. The Supreme Court has written that this freedom is "the matrix, the indispensable condition of nearly every other form of freedom." Without it, other fundamental rights, like the right to vote, would wither and die.

But in spite of its "preferred position" in our constitutional hierarchy, the nation's commitment to freedom of expression has been tested over and over again. Especially during times of national stress, like war abroad or social upheaval at home, people exercising their First Amendment rights have been censored, fined, even jailed. Those with unpopular political ideas have always borne the brunt of government repression. It was during WWI -- hardly ancient history -- that a person could be jailed just for giving out anti-war leaflets. Out of those early cases, modern First Amendment law evolved. Many struggles and many cases later, ours is the most speech-protective country in the world. (Glasser, Visions of Liberty, 1991.)

Three Reasons Why Freedom of Expression Is Ess...

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...only if it will clearly cause direct and imminent harm to an important societal interest. The classic example is falsely shouting "fire!" in a crowded theater and causing a stampede. Even then, the speech may be silenced or punished only if there is no other way to avert the harm.

The inevitable answer to our censorship predicament is simple, and timeless: a free society is based on the principle that each and every individual has the right to decide what art or entertainment he or she wants -- or does not want -- to receive or create. Once you allow the government to censor someone else, you surrender to it the power to censor you, or something you like. Censorship is like poison gas: a powerful weapon that can harm you when the wind shifts. Freedom of expression for ourselves requires freedom of expression for others. It is at the very heart of our democracy.