By Chloe Brussard
Freedom of Speech - the right of people to express their opinions publicly without governmental interference, subject to the laws against libel, incitement to violence or rebellion.
It is often thought that having freedom of speech allows anyone to say anything without consequence. That they could use derogatory language towards someone and have no repercussions. But that just isn't the case. Even if what you are saying is demeaning in some way, if it doesn't cause incitement, then the government can't technically do anything to you.
Incitement - to stir, encourage, or urge on; stimulate or prompt to action.
On the other hand, if that speech does cause incitement (i.e. riots or looting), not even the 1st Amendment can help you. Incitement is a kind of action that is unprotected, meaning that the Constitution cannot help protect your rights. Having the freedom to speak your mind is one thing, but using that speech to incite and rile up a group of people who then use your words to complete acts of violence is under a whole other category.
Expressive Action - an action to convey a message to an audience.
It is completely possible for a group of people to protest legally. First, one must obtain a permit for the space they are using. The people there cannot be charged because they are using that space legally. But, once the general public becomes endangered, it is no longer expressive action. One of the Freedoms of the 1st Amendment is the right to assemble. But what comes in parenthesis next to it is that it must be peaceable. When the public becomes endangered, the protest becomes not peaceable, which is a something that cannot be protected by the government.
The reason for defining some terms before diving deeper into one of the Values of Free Expression is because each of those terms is an important part of Stable Change. Stable Change believes that a society that allows the governed to speak their minds will be a more stable society, where people do not resort to violence.
In order for this Value of Free Expression to work is because the Freedom of Speech clause in the 1st Amendment. Without the Freedom of Speech clause in the Constitution, expressing thoughts and ideas could essentially be illegal. The people have been given the right to speak their truths, but being able to do that does come with some terms.
Like I mentioned before, incitement is speech that leads to negative actions. That kind of speech is not protected by the 1st Amendment, nor should it be. If everyone is allowed to say what they want, when they want to, that could lead to serious problems. Although speaking is not a tangible, physical thing, words hold so much power. But, if derogatory or violent speech is used but does not cause incitement, technically you are protected under the 1st Amendment.
But just because the government cannot legally do anything to you, that does not mean that they aren't still watching. This is where Stable Change comes into play. As the law gives the people freedom of speech, it also gives the government the power to monitor the people. If hate groups use their speech to discriminate against others but doesn't cause incitement, the government can keep them on a watch radar, with the knowledge that this is a group of people that needs to be watched.
Even though expressive action does not necessarily have to be actual speech, it is still an action that can be protected by the government. Using modern day examples, expressive speech includes, but is not limited to, sitting or kneeling for the American flag, peaceable protests, etc. Colin Kaepernick, former San Francisco 49ers quarterback, used his freedom of speech to peaceably protest police brutality and racial inequality. But not everyone saw it that way. What some people saw was an ungrateful man who was disrespecting his country. His action caused incitement, even if that was not his intention. Although he had the right to do that, he was black balled in the NFL and hasn't played since 2016.
Using that situation as a metaphor for the people and the governed, it shows just how much power the government has. It doesn't take much to cause incitement, but as soon as it does, the government cannot protect you, and therefore can hand out charges.
The line between freedom of speech and unprotected actions is very thin. But just because your speech is protected does not mean that the government won't be able to do anything to you. They watch and they wait. To allow people to speak freely gives the government more power than one would think. They only act in their own self interest, and they use that very fine line to rule over the people's Freedom of Speech.
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