Let’s talk about the First Amendment.

feministlisafrank:

Some time ago, some neanderthal in a reblog informed me that hate speech was protected by the First Amendment so I couldn’t be upset about it, and I rolled my eyes and continued with my day. Watching Trump caterwaul about people protesting his rallies taking away his freedom of speech reminded me of it, so for fun, let’s talk about it.

The First Amendment to the United States Constitution reads: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”

Things this means:

– the government can’t arrest you for having and voicing an opinion that it doesn’t like.

– the government can’t arrest or exile you for having religious beliefs that it doesn’t like. (For example, I don’t know, someone wanting to deport all of the Muslims because they don’t know anything about Islam and are terrified of things they don’t understand)

– the government can’t make laws that promote any religion over any other religion. (For example, I don’t know, prioritizing Christianity in a country that was founded in part to escape religious persecution)

– the government can’t arrest you for being an asshole if that’s the only thing you’re doing wrong.

– the government can’t arrest you because individual police officers don’t like your tone of voice or the color of your skin.

– the government can’t arrest you for participating in a peaceful protest. So people showing up at a Trump rally with signs and chanting isn’t restricting his freedom of speech, it is their exercising their freedom to peaceably assemble. His supporters violently removing protesters from rallies or starting fights after his appearance is canceled, however, is assault and punishable by law.

Things this doesn’t mean:

– regular citizens have to tolerate you being an asshole. They can call you out, they can refuse to listen to you, they can disagree with you loudly. You still have the right to the freedom of speech because you’re not in jail. Other people have the same right to tell you you’re wrong.

– people in other countries have to respect it. The First Amendment only applies to the Constitution, which only applies to the United States. When you’re posting on the internet, you’re interacting with people all over the world. Different countries are bound by different laws.

– that the things you’re saying are right. You can’t be arrested for having opinions, but that doesn’t mean every opinion a person voices is a correct or even worthwhile opinion. 

So the next time you get into an argument and your only defense for your statement is to cry “freedom of speech!” maybe take a moment to assess if your argument is actually worth defending.

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