Sunday, January 21, 2024

Blog Post #3

 The First Amendment, and the Eight Speech Theories

First Amendment

The First Amendment was written by James Madison in 1791. There are six clauses to the First Amendment, relating to the freedom from religion, the freedom of religion, the freedom of speech, the freedom of press, the freedom of assembly, and the freedom to petition. These six freedoms make up the so-called "Shield of First Amendment", which exemplifies how the First Amendment protects and allows citizens to develop their own beliefs, share their beliefs, and act upon their beliefs. The First Amendment is arguably the most impactful and important amendment in the Constitution, as it applies to so many aspects of life. There are eight speech theories that have been created by scholars, in order to explain why the freedom of expression is so utterly crucial to us, as Americans. The eight speech theories include:
    1. Marketplace of Ideas, 
    2. Participation in Self-Government, 
    3. Stable Change, 
    4. Individual Self-Fulfillment, 
    5. Check on Government Power, 
    6. Promote Tolerance, 
    7. Promote Innovation, and
    8. Protect Dissent.

Freedoms Mentioned in the First Amendment

While each of these eight speech theories hold to be true and significant, I find that Marketplace of Ideas, Individual Self-Fulfillment, and Check on Government Power are arguably the most crucial, or relevant. I believe that the Marketplace of Ideas theory feels the most personal, the Individual Self-Fulfillment theory is put to action the most, and the Check on Government Power theory is the most important.

Marketplace of Ideas, to be put simply, is a theory that explains that the truth will always prevail, and will be made stronger, when battling against deception and dishonesty. One area of life that the Marketplace of Ideas theory is seen to be prevalent is throughout different forms of media and communication; newspapers, social media, journals, etc.. American citizens are free to write/speak about their opinions and thoughts on different topics and events because of the First Amendment. Election season is a big time-period in the political world, during which disinformation about candidates is often spread by other campaigners, and supporters of the campaigners alike. This is the very reason why Marketplace of Ideas is is so important and pertains to everyone - individuals have the opportunity to cancel any falsehood being spread, and can report on the truth, without any worry of lash back.

Individual Self-Fulfillment is a theory that demonstrates that individuals are free to express themselves in any way that they please - this expression of freedom is a big part of what makes up an American citizen. Individual Self-Fulfillment is demonstrated and embodied by individuals every single day. People have the opportunity to dress as they like, speak about whatever topics come to mind, create art and publish writing that expresses however they may feel, etc.. Individual Self-Fulfillment, I believe, is the most important of the eight speech theories, because it is what allows American citizens to be their own unique, respective person.

The theory of Check on Government Power describes the idea that citizens of the United States, once they learn of abuses of power, can take action and do something about the wrongdoings. Citizens, along with the three branches of government, work alongside one-another to keep the system in balance. While they might be overlooked, citizens play one of the biggest roles in keeping our government system in balance, and ensuring that this country continues to stay a democratic nation. Citizens have the free opportunity to petition, vote, speak out, write, etc.. about topics/events/happenings in the country, in order to share and express their opinions and attitudes.

Gathering in Front of U.S. Capital

One recent event that relates to the First Amendment first-hand is a lawsuit filed against Utah by The Foundation for Individual Rights and Expression, in regard to the state's new social media law for minors. This lawsuit is called the Social Media Act, and relates to the theories of Individual Self-Fulfillment and Promote Innovation. The law limits both how and when minors can utilize different social media platforms. This goes against the Individual Self-Fulfillment theory because it limits minors from freely expressing themselves and partaking in conversations online, as the new law claims that minors must have parental consent and show verification of their age before utilizing these forms of media. This new law goes against the Promote Innovation theory because the free speech of the minors is not valued in this sense, but instead is pushed-down and reduced. The First Amendment is one of the twenty-seven amendments to our nation's Constitution - each and every one holds importance, along with the promise that our country will continue to be a free nation. Every single day there are cases and trials being argued that relate to the First Amendment, and it will be a never-ending process of protecting the speech theories that go along with it.

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