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Hiding behind freedom of speech

“Congress shall make no law… abridging the freedom of speech.” — First Amendment

freedom of speech

Photo: GettyImages

We’ve seen some ugly incidents aimed at Latinos in the past year, such as the racist girls from Arizona and the marching band that chanted slurs.

Incidents such as these provoke outrage from people who point out, rightly, that such behavior is offensive. But then, some flustered individual will defend the racist girls or the marching band or whatever by proclaiming, in full-on righteous fury, “Whatever happened to freedom of speech in this country?” The implication is that daring to criticize someone for vile behavior is antithetical to American values, and may even be illegal.

Well, I’d like to present the following scenario to those individuals: I will show up on your front lawn with a bullhorn. For an hour, I will yell into the bullhorn — at your neighbors, passing cars, pizza-delivery guys and so on — that you are a pedophile communist who gets his kicks by burning down churches and strangling kittens. And you can’t do anything about it because I’m, you know, exercising my freedom of speech.

That doesn’t seem quite right, does it?

Well, that’s because freedom of speech does not mean that you can shoot your mouth off anytime on any subject using any crazed, derogatory or obscene language you like.

Freedom of speech is one of those nebulous concepts that Americans claim to cherish, but really don’t understand all that well.

The idea is based on the First Amendment, of course. But, as we all know (or should know) the First Amendment doesn’t apply to slander, obscenity, so-called “fighting words” and other exceptions. And in any case, the very concept deals specifically with the U.S. government. It means the president can’t order you to shut up, and Congress can’t pass a law saying you’re wrong, and the FBI can’t duct tape your mouth shut. The First Amendment does not mean, however, that I am forbidden from walking up to you and saying, “Dude, your opinion is idiotic.” I’m not the government.

Aside from the misplaced emphasis on the Constitution, many Americans seem to believe that freedom of speech is some bizarre version of calling dibs, in that whomever yells first cannot possibly be upbraided without oppressing his rights. But, once you exercise your freedom of speech, it doesn’t mean that you are somehow immune to criticism. It doesn’t mean people have to agree with you. Besides being absurd, such an attitude runs into an immediate paradox. After all, if you dismiss my criticism, aren’t you shutting down my freedom of speech?

In truth, we can’t hide behind a powerful principle to justify our repulsive behavior. Yes, you’re free to be a jerk, and I’m free to call you on it. So it’s best to drop the appeals to the Constitution and the implication that this is all about idealism and lofty values. That’s just wrong.

Of course, if you disagree with me, feel free to speak out.

About Daniel Cubias

Daniel Cubias is a writer based in Los Angeles. In addition to Being Latino, his work can be found in such publications as the Huffington Post, Change.org, Aqui magazine, and his website, the Hispanic Fanatic. In addition, he has been published in many literary journals and won the occasional writing contest.

He is a Wisconsin native who still roots for his hometown Milwaukee Brewers. He is way too much into horror movies, and he is inexplicably still unable to tune his guitar properly.

Disclaimer: The views and opinions expressed in this article are solely those of the author and should not be understood to be shared by Being Latino, Inc.

Comments

  1. Dino Bravo says:

    Yes…but for every supposed video of white racism and harassment, I can find one by a Latino or black. It’s interesting how Latino’s break into a country, steal jobs and benefits and then want to play the victim. The animosity you are getting is from your actions, not your race.

  2. “Break into a country, steal jobs and benefits…” you need to do a little more research, Dino Bravo.

  3. yes, running across the border is breaking into the country and then living off of welfare is stealing benifits

  4. You would “benifit” from a book.

  5. Ignorance may be bliss for you, but it’s hell on the rest of us who have to listen to it.

  6. Welfare benefits are only granted to legal residents and large corporations.

  7. Dino Bravo says:

    Not a fan of Freedom of Speech, eh Hector?

  8. Eileen, don’t waste your time arguing with someone who equates negative net flow at the border to “breaking in.” When people don’t know, they get afraid; when they get afraid, they lash out.

  9. Dino Bravo says:

    That’s why you come over here to have your kids and get free healthcare and food stamps. The latest scandal is claiming tax credits for children in Mexico who have never stepped foot in this country. Maybe you should do some reading.

  10. No offense, but “americans” (read the english ancestors) broke into this country and stole it from the indians and the mexicans, who were here before all of you (Dino and Blake)… And look how we “americans” treat them now… like shit… That said, hate speech is still free speech, and in order to protect it, we sometimes have to tolerate peoples hatred and rage (protect free speech that is)

  11. The sociologist in me requires that I, at least attempt, to throw facts on the fires of stereotypes.

  12. Ed Exia says:

    Yes and in Dino’s case he using it to be a troll.

  13. for example kkk have the right to have a parade and what do they stand for besides hate towards the human race

  14. Daniel Smith says:

    Unions and liberals do

  15. My mother’s a single parent from Honduras who served this country in the Navy in Cuba; my brother and I were born here — I have a college degree and he served in Iraq as a Marine. Watch who you’re accusing of being un-American.

  16. Throwing facts at an untrained mind is like throwing books into a fire.

  17. hhhmm…I see the topic has shifted. I am latino and I have never been on food stamps, collected a welfare check nor even collected unemployment. So for those that take what the gov’t gives them, which we are all responsible for, is stealing benefits? With regards to the question…yes there are many times that people will use freedom of speech as a bully pulpit but what do you expect…all our elected officals show us how its done. However if you really believe in free speech you have to accept that there will be speech that you do not like, regardless whether the speaker is wrong or right.

  18. Let them! They are the ones that look bad!

  19. Your freedom is limited up to the point that it interferes with my freedom

  20. Pearl Romero says:

    is Freedom of Speech abused ? In my opinion . . .YES !!!!!
    In most countries you would under no circumstances abuse the flag. You would be thrown in jail if you dare abuse the flag.
    I have a lot of examples of abuse I could tell you about but I’m sure you wouldn’t like the long list on your page. But the abuse of this freedom is not a generalized incident.

  21. It is a necessary evil though. We don’t want a totalitarian nation controlling what we say. If you wan’t your words to be monitored North Korea is always open to accept defectors from USA.

  22. Ivan Alvarez says:

    Reading some of these comments just proves that we are our own enemies.

  23. Dino, the leftist minded Latinos here are pissed because you know about some of the ways their illegal brethren get around the system. They know all the tricks to beat the gringos, sometimes they are assisted by American lawyers. Not all of them do this mind you, there are millions that are good law abiding and even patriotic legal citizens, but the bad apples, and the very vocal radicalized subversive minority are enough to set the nation back into ruin. You just hit a sore spot so that’s why they are hating on you. Don’t be surprised if there are some here and in the general Latino community that would love for some government agency or initiative to force some kind of restriction on what one can say or not say to a certain special interest group. Thought crimes here we come!

  24. There are bad apples from all races, creed, religions ages, and gender….not just latinos. The problem that you fail to recognize is that this system is designed to divide us all up in more easily managed categories. Ever heard of united we stand, divided we fall?

  25. We have to be grateful that our laws allow us to speak our minds about our beliefs and our stands in politics and what goes around us. But where do we draw the line? We have become dehumanized when we believe that we are using our freedom of speech when we are torturing others with our words. If one person can go out there and say whatever they want with no disregard about the impact they may have on someone, then only that person is free, the person affected is no longer free if in order to protect themselves they need to hide. We forget that we hurt people, all we care about is what we think, there’s no processing button before it all comes out.

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