Freedom of Speech

In a 1949 ruling Justice Oliver Wendell Holmes said, “The Constitution is not a suicide pact." In formulating the clear and present danger doctrine, wrote that because of the danger it presented, it should be illegal to "scream fire in a crowded movie theatre."

I agree with Justice Holmes in that freedom of speech should be restricted when it causes the eminent danger of others. Watching video segments of the beliefs of the Westboro Baptist Church, I was appalled at their actions and reasoning. However, I do not believe the government has the authority to regulate what these or any other people are saying. When solicitors call you over the phone, you are able to get restrictions on their number so that you aren’t bothered by them again. Because this church goes as far as disrespecting and disturbing funerals, I think the public should have the option of protection against such harassment through the state. Otherwise regulating freedom of speech should not be under government jurisdiction. I disagree with what other people have to say quite frequently, and I either voice my own opinion, or respectfully keep my mouth shut, but I would never consider infringing upon another’s civil liberties because of my own bias. I wouldn’t go as far as defending their right to say as they please as Voltaire would in his quote, "I may disagree with what you have to say, but I shall defend to the death your right to say it." I think people only deserve their rights if they know what their rights are (not that I’m saying individuals unaware of their rights should not have those rights, but I am certainly not going to go out of my way for another person’s ignorance unless I believe in their case).