"The question in
every case is whether the words used are used in such circumstances and are of
such a nature as to create a clear and present danger that they will bring
about the substantive evils that Congress has a right to prevent." During
wartime, utterances tolerable in peacetime can be punished.”
I chose this passage because Although I am a huge supporter
of freedom of speech, the fact that every American has the right to speak their
mind and to voice their opinion it needs to be realized that along with this
and all the other rights, particularly those addressed in the first 10
Amendments – The Bill of Rights, this right is a privilege and with that privilege
comes a certain level of responsibility. Excising this responsibility is no
different than knowing that it is illegal to yell “fire” in a crowded theater
or other public space or to talk about “bombs” at an airport. Neither of these
things truly infringes on your right to free speech in any significant manner
but greatly protects the public at large in regards to their personal safety
and the ability to live their lives in a peaceful manner. Laws like this
regarding free speech are meant to protect society as a whole and that was what
the supreme court was doing when they reach the unanimous decision in Schenck
V. United States, although in their particular instance the were dealing with
an issue that effected the country while it was at war, and its need to keep
order, raise an army and defend itself the concept holds true in peacetime as
well. Their decision stating, “During wartime, utterances tolerable in peacetime can
be punished.” although pertaining to
a wartime situation shows that the right to free speech is open to
determination and at times limitation when it is in the pest interest of the
majority. As a staunch supporter of free speech I say this not without some
trepidation. I strongly feel that anytime it comes to limiting freedom of
speech or and part of the First Amendment, it is an issue that must be treated
with the utmost care because once begun, these limitations could easily get out
of hand, but it is apparent that the Justices that ruled on this decision
clearly understood what the framers had in mind when the constitution was drafted
and the Bill of rights subsequently added. As Americans we do have the right to
speak our mind whether vocally or in print, to let our thoughts and feelings be
known and freely expressed and to speak out against the government when we feel
the need to do so without fear of reprisal, but not when doing so puts others
or the nation as a whole in peril. In my opinion freedom of speech amounts to
simply this; freedom of speech means allowing someone to stand center stage and
advocate at the top of his lungs that which you would spend a lifetime opposing
at the top of yours, that is the true meaning of free speech.
