What follows is from the Cornell AgriTech Belonging Bulletin.  Many thanks to our colleagues  Anna Katharine Mansfield and Amara Dunn-Silver, Cornell AgriTech A.C.E. Council co-chairs, who are taking a strong lead with AgriTech’s efforts to grow resiliency and adaptability. If there’s a topic you’d like them to explore, contact Anna Katharine or Amara, or you can submit a suggestion anonymously. For more information on SIPS access & community empowerment efforts, visit the SIPS A.C.E. webpage. You’ll also find previous editions of this bulletin on a wide range of helpful topics.

Free Speech is in the news a lot these days…but what does it mean?

The First Amendment to the Constitution of the United States protects personal expression by prohibiting Congress from making any law “[…]abridging the freedom of speech[…]” Freedom of speech is also recognized as a human right in Article 19 of the United Nation’s Universal Declaration of Rights. Cornell University lists “free and open inquiry and expression” as a core value. In the US, the Constitutional amendment specifically addresses censorship by the government (federal, state, and local) but imposes few rules on private entities. This is why social media platforms can make and enforce rules about speech on their sites.

Though ‘freedom of speech’ is the term most commonly used, the first amendment covers not only spoken words but written and symbolic forms of expression, along with the right to receive information. In some cases, it also protects the right not to speak. Of course, free speech does not mean that anyone can express anything, anywhere, at any time. Over time, courts have defined specific content (like obscenity or defamation) and methods of expression (loud music late at night) that have little or limited protection under the First Amendment. The US is unique in having no laws against hate speech, though a study suggests bipartisan support for limiting speech targeting specific races or religions.

A vast majority of Americans believe that freedom of speech is an important right, but they have very different opinions about the types of speech that deserve protection. That’s nothing new; since at least 1644 societies have tried to balance the right to free expression with protection against dangerous speech. For example, there are three core arguments for free speech—that it helps us determine truth, supports our individual autonomy, and allows full participation in a democracy, but society’s understanding of truth, autonomy, and democracy changes over time. Freedom of speech, while an evergreen concept, also changes in meaning as courts grapple repeatedly with the legal definition of ‘speech’.
Common misconceptions about Free Speech in the United States:

• No one can prevent you from expressing an opinion. The First Amendment prevents the government, but not individuals or businesses, from restricting your speech. It is constitutional for schools, workplaces, and other citizens to make rules about speech on their property, though some state laws may limit the type of rules made.
• Journalists have additional rights through freedom of the press. There has been much legal debate as to whether the press has greater freedom of speech than an individual, but to date this has not been demonstrated in court. In general, members of the media have the same free speech rights as individuals, but may be given greater accessibility or respect because of the role they play in society.
• You can’t yell ‘Fire!’ in a crowded theater. While commonly given as an example of speech not protected by the First Amendment, this isn’t strictly true. Intent matters: if you actually think there’s a fire, it’s perfectly legal to shout a warning, even if you’re mistaken. This phrase originally referred to falsely yelling fire to incite panic, which struck an emotional chord in a time when mass deaths in panic-stricken theater crowds were a common occurrence.

At AgriTech, we grow things – including a robust understanding of our rights and freedoms in the United States.