Is Speech always Free? (Quick Thoughts)

As an unapologetic proponent of Natural Rights which includes the inherent right to Freedom of Speech, it may be a surprise to learn that this is not a 100% Freedom in all situations, it does in fact have limits. But where and when those limits occur must and can only be finite and very limited themselves, and are only on location and not context.

Recently in California 10 students were found guilty of "disruptive speech" (from Foxnews.com), when they attempted to speak over the Israeli Ambassador to the United States while speaking at California University. The charge and court decision here are correct in this case. The main reason why these students did not have protected speech is the forum. Even though the Ambassadors speech was open to the public, the speech itself was not in the public domain, rather a controlled area or setting. This distinction is where the line of Freedom of speech ends, the Public Domain and NOT the Public Domain.

The Public forum is where Freedom of Speech is and ought to be absolute, the town square, parades, assemblies outside or around government facilities, the press or other writings, this is the public forum. What is not the public forum is privately controlled or reserved for another purpose, such as your house, your yard, a sports stadium, or another facility that distinctly separates it from the open public, such as a lecture room at a college. It does not matter who owns the property, it CAN be government owned but still not be in the public domain, meaning freedom of speech can be limited.

Perception should not mean a rush to judgment (Quick Thoughts)

For anybody who knows me, they would certainly know I am a huge Hockey Fan, and an avid follower of my team, the Chicago Blackhawks. In fact, I probably spend too much time following the NHL and the Blackhawks, I can routinely be found chatting about the Blackhawks or watching their games, even during the hot month of July.

But it was an incident away from the Hawks, but on the ice that catches my attention today, or really the aftermath of the event more so. On Thursday September 22, 2011 a preseason exhibition game took place between the Detroit Red Wings and Philadelphia Flyers in London, Ontario, a neutral site not uncommon in preseason action. The game was tied at 3-3 after the end of regulation and through a 5 minute overtime period, resulting in the game finishing with a shootout. The shootout consists of one skater trying to score a goal against the goalie, with no other defending players on the ice, it is a penalty shot, one shooter and one goalie. The team that scores the best out of three attempts wins the game, or sudden death if extra rounds are needed.

More than just a Declaration of Independence

July 4 is a day of celebration in the United States, it is the anniversary of the Declaration of Independence, even though the actual vote for Independence took place two days before (July 2, 1776: The United States decides to Declare Independence). It is noted as the day the United States declared it will decide its own course, make its own rules, govern itself and would no longer hold or honor any allegiances to Britain or its crown. This was done with a magnificent piece of work written primarily by Thomas Jefferson with the assistance of  Benjamin Franklin, John Adams, Robert Livingston and Roger Sherman (June 11, 1776 the Committee of Five), the Declaration of Independence.

Besides declaring, “That these United Colonies are, and of right ought to be, FREE AND INDEPENDENT STATES” dissolving the bonds between the United States and Great Britain, the Declaration states so much more, on the nature or power, the role of government and rights of the people. These declared principles in regards to each, will have a direct influence on the structure and power in the Articles of Confederation and Constitution (Declaration of Independence influence on the Constitution).

July 2, 1776: The United States decides to Declare Independence

July 4th is the day Americans celebrate the Declaration of Independence, but it was two days earlier on July 2, 1776 that the Second Continental Congress actually voted to declare Independence.

Independence had been debated in June 1776, and June 11th it was decided to postpone a vote until July 2, 1776 in order for states to ensure they favored such a vote. Also on June 11, 1776 the Committee of Five was formed, consisting of Thomas Jefferson,  John Adams, Benjamin Franklin, Roger Sherman, and Robert R. Livingston, to draft up a Declaration of Independence.

On July 2, 1776 debate proceeded and a vote for independence took place. The Continental Journal recorded the following in that day's session of the Continental Congress¹ (emphasis added).

The Congress resumed the consideration of the resolution agreed to by and reported from the committee of the whole; and the same being read, was agreed to as follows:

Resolved, That these United Colonies are, and, of right, ought to be, Free and Independent States; that they are absolved from all allegiance to the British crown, and that all political connexion between them, and the state of Great Britain, is, and ought to be, totally dissolved.

Agreeable to the order of the day, the Congress resolved itself into a committee of the whole; ∥and, after some time,∥ the president resumed the chair. Mr. [Benjamin] Harrison reported, that the committee have had under consideration the declaration to them referred; but, not having had time to go through ∥the same,∥ desired leave to sit again:

The Committee of Five had yet to finish a final draft, and requested leave to sit and finish their work, but the decision was made, Independence from Great Britain had been decided. No fanfare or celebration followed, only the orderly business of the rest of the day. However, it was not lost on these men what they had done, they became traitors to the crown punishable by death, but they knew they sewed the seeds for an entirely new way of government, self government man would not rule man, man would rule himself.

On July 3, 1776 John Adams wrote to his wife Abigail a letter and wrote the following;

Yesterday the greatest question was decided, which ever was debated in America, and a greater, perhaps, never was or will be decided among Men. A resolution was passed without one dissenting colony "that these United Colonies are, and of right ought to be, free and independent states, and as such they have, and of right ought to have, full power to make war, conclude peace, establish commerce, and to do all the other acts and things which other states may rightfully do." You will see in a few days a declaration setting forth the causes which have impelled us to this mighty revolution and the reasons which will justify it in the sight of God and man. (morning letter)²

The second day of July, 1776, will be memorable epocha in the history of America. I am apt to believe that it will be celebrated by succeeding generations, as the great Anniversary Festival. It ought to be commemorated, as the day of deliverance by solemn acts of devotion to God Almighty. It ought to be solemnized with pomp, shews, games, sports, guns, bells, bonfires and illuminations, from one end of the continent to the other, from this time forward forever. (evening letter)²

John Adams was right, the day of Independence would in fact be a day of celebration with, "with pomp, shews, games, sports, guns, bells, bonfires and illuminations, from one end of the continent to the other". John Adams only had the actual date wrong, the day the final draft of the Declaration of Independence was approved resulting in that day being penned on the document.

But make no mistake, it was this day July 2, 1776 the Founding Fathers in the Continental Congress decided to Declare Independence, the die was set. The United States was born, as it decided to cut off it bonds with Great Britain and set their own path and future for themselves.

 

 

 

 

1: http://memory.loc.gov/cgi-bin/query/r?ammem/hlaw:@field(DOCID+@lit(jc00523))

2: http://www.founding.com/founders_library/pageID.2145/default.asp

British Tyranny, the Fifth and Sixth Amendments, The Origins of the Bill of Rights (Part 4:)

Unlike the first four amendments, the Fifth and Sixth Amendment is constructed of numerous parts. The First Amendment also contained several aspects, but is centered on protecting freedom of expression, and government interference in the right of conscience. Both the Fifth and Sixth Amendments are designed to protect the rights of a person accused of committing a crime, however the Fifth Amendment includes a clause concerning eminent domain.

Many of the aspects of both Fifth and Sixth Amendments have direct ties to tyrannical practices of the British during Colonial rule, just as the other amendments in the Bill of Rights. The lack of due process in Colonial times has a long history and affects more than just the Fifth and Sixth Amendments. The lack of due process also is apparent in the Fourth Amendment as a result of the Writ of Assistance to broad unspecific search warrants (The Origins of the Bill of Rights (Part 3: British Tyranny, the Fourth Amendment)).