phoenix lawyers
Our Right to Free Speech Ranks Higher Than Anyone's Opinion
van o'steen

I was a student in the late 1960s and early '70s. As everyone over age 50 will remember, this was the Vietnam era. Protests against the war grew in intensity during that period. Eventually, these events and other political imperatives led to the end of U.S. involvement in the conflict.

I never understood the extreme revulsion some Americans felt for anti-war protesters. Although reasonable people legitimately can disagree on important issues, there should be no disagreement on the fundamental right to express opposition to government policy. Calls to ban anti-war demonstrations and jail peaceful protesters flew in the face of the finest American tradition of free speech. We proudly distinguish ourselves from many other societies by our tolerance for the expression of divergent and unpopular views.

The underlying theory of free expression is that government may not prohibit the expression of any idea, no matter how offensive it may be. Without this protection, governments can control public information and destroy the effectiveness of the democratic process.

In the words of the U.S. Circuit Court of Appeals, "Under the First Amendment the government must leave to the people the evaluation of ideas. One of the things that separates our society is our absolute right to propagate opinions that the government finds wrong or even hateful."

Freedom of speech is more important than any of our individual views on political or social issues.

Occasionally, someone who opposes a government policy expresses his or her dissatisfaction by burning the American flag. I am offended by this act of defiance. The flag is a powerful symbol. By my personal standards, burning it is an inappropriate expression of opposition to government policy.

Do not, however, expect me to line up behind those who want to make flag burning a criminal offense. I place too much value on our First Amendment rights. My attitudes, and yours, about particular forms of expression must take a back seat to our commitment to constitutional liberties.

These are my views on the First Amendment. Although you may disagree with me, I hope you respect my right to express my opinions. I promise to respect your right of expression, even if I find your views offensive.