It’s not free

I just read about a high school student who was suspended for making a fake Myspace profile for his principal. The profile said the principal smoked weed and had sex with students among other things. That’s not really what someone in the education field wants showing up when a potential employer googles him. The student sued, claiming the Myspace page was protected by the first amendment.

I think “free speech” has to be one of the most popular laws that people in this country appeal to. People constantly insist that they shouldn’t be censored or punished for their words because this is America and we have free speech. If you tell someone “that was a messed up thing to say” they remind you what country you’re in. Everyone is crying “free speech!” but no one seems to understand what it actually is.

The first amendment does not say anyone can say anything they want. It does not say that it is illegal to challenge a person’s opinion. It does not magically eliminate the repercussions of speaking.

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.

As you can see, if you read it literally, the first amendment simply says that congress cannot outlaw freedom of speech in any way. It has been interpreted by the Supreme Court as applying to all government – federal and state – despite the fact that it only mentions congress. That is the limit of the first amendment. Government. It doesn’t give us license to make fake Myspace pages that give false information on people and hurt their reputations and job prospects. It doesn’t mean we can say whatever we want while at work and not get fired. It doesn’t mean we can voice ignorant opinions and not be told that we just said something stupid. Words have repercussions no matter what country you are in.