Imagine being under the rule of a tyranical government. Tensions would grow and grow, until the inevitable would occur: explosion. That, in simple terms, was the start of the Revolutionary War. Great Britain attempted enforcing laws across the ocean on the Thirteen Colonies. This led to war because they wanted freedom to build their own government. That is where the amendments come in. Specifically, the First Amendment. Experience taught the Founding Fathers that they needed to learn what not to do from the Great Britian. Thus, the First Amendment was birthed. This amendment protects several freedoms: the freedom of speech, religion, expression, press, and peaceful assembly (Legal Information Institute, n.d.). The purpose of this amendment, as it relates to press and speech, is specifically to limit the government’s authority to censor what can be published and said. It protects the individual’s right to say and publish their own opinions without fear of retribution from the government.
Though having the First Amendment is essential to our freedom, there are limits to free speech and press. For free speech, it stops as soon as someone else is endangered in the process. This was decided in Supreme Court case Brandenburg v. Ohio (Justia, n.d.). Brandenburg was a Ku Klux Klan leader that invited the news to film one of his meetings. This meeting captured inflamitory language comments that vaguely insinuated retaliation against the government for the racial progression in the country. When Ohio state convicted him, he appealed it, and the case went to the Supreme Court, which reversed Ohio’s decision. It was overturned because it did not directly call for immediate violence or illegal acts. This case further defined the limits of free speech. Though Brandenburg’s rhetoric would not be received particularly well by most people in today’s age, he still has a protected right to state his opinion as long as it does not actively threaten anyone.
The freedom of press protects media outlets from government censorship. This is done to make sure that people can freely remain informed. However, the limitation to this is when people are libeled on these platforms. Libeling is when there is false information reported on as factual that ends up harming someone’s reputation. A recent example would be Johnny Depp’s lawsuit against Amber Heard (Legal Information Institute, 2022). He sued her in civil court for defamation. This, in turn, hurt his reputation because she labeled him as an abuser. Libel is not protected as freedom of press because it is a misuse of the freedom to hurt someone else. It damages someone’s reputation, regardless of whether or not they did what the alligations made against them pose.
Someone that faced reprecussions for speech in person was Charlie Kirk. He was assassinated while standing up for truth. We are approaching a point in society where people are becoming more endangered for that they say. Kirk is an example of that. He had opinions that people disagreed with to the point of planning out his assassination. Freedom of speech is becoming a scary thing in this world because people grow increasingly hostile towards each other.
Amber Heard was held accountable in Johnny Depp’s case against her. Her defamatory and libel claims impacted his career, and there ended up being reprecussions for that.
Learning about the first amendment’s history is quite important because it is a powerful reminder of where we have come from as a nation. It is truly humbling to reflect on the privilege it is to have the First Amendment because there are many countries without it. I want to do my part to ensure that it stays that way by actively participating in my local government and staying informed as a citizen. In conclusion, these the freedom of speech and press are privileges protected by our government. Honoring these gifts is extremely vital to keep them alive in our nation.