Archive for November 15th, 2001
What Free Speech Doesn’t Mean…

As a subscriber to Time Magazine, I get tons of other junk sent to my house that I don’t want. Now, once a month, Time bundles On Magazine with their issue. Usually I just toss it aside since it’s more about selling technology rather than talking about it. But the issue that came out this week caught my attention.

One, because it has a story about BattleBots in it. For those of you that don’t know, Comedy Central’s BattleBots is 10 pounds of fun in a 5 pound bag. I’m not sure what that means honestly, but what I’m trying to say is you’ll enjoy it. Importantly, it shows that being smart can be cool and fun.

But what really caught my eye was an article about online forums in relation to the 1st Amendment. It turns out that there are hundreds and hundreds of libel and slander lawsuits that come out of message board threads. Yes, people sue other people if someone posts something they don’t like.

The big point of the article was this, the 1st Amendment gives you the right to free speech, but that doesn’t mean you can say anything. In one case a website created by students offered the school kids the chance to rate their teachers anonymously. Some were very valid criticisms about teachers that weren’t smart enough to teach. But a few students posts a few things about certain teachers being pedophiles, not based on fact, but only because they thought it would be funny. They weren’t laughing when lawyers called the parents and made references to jail time.

I like the anonymity of the Web. I also visit several forums a day to read and post. And a good number of people on those forums need to be taken around behind the barn and administered a good beating. It seems that there are a good number of poeple out there that think anonymity means they can say whatever they want, including physical threats to other people. But what often don’t realize is that ISP’s will gladly turn over the identity of customers to lawyers with the blink of an eye. Last year America Online turned over the identity of over 300 people.

What I would like to see come out of this is better education on the law, especially the 1st Amendment. Who can name any other amendment? The right to bear arms is which one? (The second.) I remember just after the September 11th attacks, a friend of mine said she was disappointed that the United States doesn’t teach its children how to be Americans. I replied saying that is what is great about America. Being American is what you want it to be. No one is going to tell you how to be American or try to make you fit in a mold.

But then I realized it’s taken to such an extent that many people can’t tell you who the 23rd President is (Benjamin Harrison), or what the Amendments are, and I bet some can’t tell you when World War 2 started. (If you just thought, it was December 7th, you’re wrong.)

What we need are some good old-fashioned history classes. And I’m not talking Betsy Ross sewing the flag type history classes (mostly because I doubt that story is even true) but some serious study about the laws of that begat this fine and supposedly civilized country. Give me some history I can sink my teeth into. I don’t want George Washington Carver and his 325 inventions for the peanut. Feed the school kids some real bonafide African-American history for crying out loud.

(Oh, and before you flame me over the December 7th thing. Yes, the Japanese did bomb Pearl Harbor on Decmeber 7th, but the US did not declare and sign the articles of war untill the next day, December 8th, 1947, making that the day we officially entered WW2.)

Now, to brush up on your history, here are the first ten Amendments (not that you’ll read them, you lazy Americans):

Article [I.]

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Article [II.]

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Article [III.]

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Article [IV.]

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Article [V.]

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Article [VI.]

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Article [VII.]

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Article [VIII.]

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Article [IX.]

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Article [X.]

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.