Is it Time to Reconsider the First Amendment?

A quote by Associate Justice Holmes.

The internet is awesome. Plain and simple, it is awesome. Without it I wouldn’t be able to research and write (sorry, but I don’t quite remember how to use a card catalog). I also wouldn’t be able to communicate instantly with my editors no matter where they are, learn where in the world Krakatau is before I’m asked, check the stock exchange (no, I don’t really do that but it sounded good), read the First Amendment (which I’ll get to in moment for those of you here because I mentioned ICE), learn how to poach an egg, or … learn how to make a bomb.

The Boston Marathon bombers constructed their bombs based on information from a website. Why, I wonder is that information even available to the public?

There is no wishy-washy way to say this, but I believe our society has reached a point where some limitations on freedom of speech need to be considered. Discussed. Civilly. Bottom line, a website titled “How to make a bomb in your mom’s kitchen,” shouldn’t be allowed to publish and if that means limiting the First Amendment, then so be it. Now, I’m not suggesting our government create some massive, severely limiting firewall (think China), but there has to be some sort of solution. Am I wrong?

In 1919, when referencing freedom of speech, Justice Oliver Wendell Holmes, Jr., wrote the following:

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.”

Alas, I do not have the answer nor can I come up with a list for what should be allowed and what shouldn’t, but there is, I think, a definite clear and present danger associated with knowing how to take a pressure cooker, fireworks, nuts and bolts and make a bomb. Because learning to make a bomb is not the same thing as learning to bake a cake, or poach an egg. It isn’t knowledge that most people need, or should even seek for that matter, and while I agree that bad people will always find a way to attend to their wickedness, limiting their ease to do so is in everyone’s best interest.

ICE and the First Amendment

Now for the part you’re all here for … a few days ago, a federal ICE agent shot and killed an individual after refusing to obey the agent’s order to get out of the car. The incident has, once again, brought the First Amendment into the controversial spotlight. While citizens are well within their right to use a device to record such incidents, they are not granted the right to interfere with officials doing their job. Which is where it gets sticky for a lot of folks as it’s the defining of what’s a “reasonable” part of their job that differs … however, thinking an order is unconstitutional is not enough to completely disregard the order. To quote Ken Paulson, director of the Free Speech Center at Middle Tennessee State University in a recent interview with USA Today Network’s Cate, Charron, “If you’re told to move back, you’re free to state your objection, but always obey the officer’s instruction,” he said. “We’ll fight that battle in front of a judge, not at the location.”

What do you think? How do we expunge the horrid without eradicating the most basic of rights? Freedom of speech is a wonderful thing that should be protected, but there’s a fine line between speaking one’s mind freely and spewing “fighting words intentionally meant to inflict emotional distress.” And yes, I know, I’ve invited comments, thoughts, opinions … all I ask again, is for civility otherwise nothing good will ever be accomplished.

Learn more about The First Amendment (Cornell Law) online. And if you want to learn how to poach an egg, go ask your mother 🙂 Oh, and for the record, I make poached eggs that would make Julia Child proud.

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