The First Amendment of the United States Constitution protects a person’s right to free speech as well as their right to peacefully assemble. These rights are a fundamental cornerstone of the American democracy, and have been described as perhaps the most important sentiments in all of the Bill of Rights.
Supporting free speech is easy when faced with something that we fundamentally agree with. However, it becomes much more challenging when facing something that we don’t. But as the great dissenter Justice Oliver Wendell Holmes Jr. once said, “We should be eternally vigilant against attempts to check the expression of opinions that we loathe.”
Now, there is no doubt that Donald Trump may be the single most polarizing presidential candidate of all time. In the last several weeks, protesters have attempted to shut down Trump campaign events in Chicago, Phoenix, and elsewhere. They have chained themselves to cars, blocked roads, sidewalks, and freeways in an attempt to sabotage the events and to express their disdain for Trump and his policies. They have yelled, fought police, and tried to force their way into private buildings.
But with Justice Holmes Jr. in mind, I have two things to say to those who wish to impede public policy in the name of politics. First, I understand and respect that you’re upset. And second, the right to free speech is a two-way street, and it is time for you to stop.
Protesters have a constitutionally protected right to express themselves. That much is true. But what’s also true is that the First Amendment does not simply apply to speech that you like, or to people that you agree with. It applies to everyone. You don’t get to invoke constitutional protection while disrespecting the premise on which that protection relies. You don’t get to abrogate other people’s rights just because you don’t agree with what they’re saying. You don’t get to exercise your rights while simultaneously preventing another group of people from exercising theirs. That’s not just my opinion. That’s how the Constitution works.
To be clear, what I’m saying is that this is not a political issue, it’s a constitutional one. And the people who are failing to see or understand the difference are the ones who are making it even more difficult for people on either side of the aisle to find common ground. It’s not about what political candidate you support or don’t support. It’s about respecting the rights of individuals who think differently than you and allowing them a forum to gather and to share ideas.
What people need to realize is that your right to free speech is no more important than mine or anyone else’s. Covering someone else’s mouth doesn’t make your voice any louder or more important. The way to counter ideas and speech that you don’t agree with is not to censor it; it’s to counter it with better ideas and better speech.
You don’t need to shut down a freeway to express yourself. You don’t need to block city streets and sidewalks or chain yourself to a car. The Constitution doesn’t say you have to like everyone, and it certainly doesn’t say that you have to get along. But it does say that First Amendment free speech is a right that everyone gets to enjoy. Not just you.
Chris Morgan, a graduate of Union High School and Washington State University, is a second-year student at the Gonzaga University School of Law. He is governor of the ABA Law Student Division’s 12th Circuit and an Associate Editor of the Gonzaga Journal of International Law.
