Editor’s note: This article is a part of a head-to-head. Read the other article here.
To most Americans, nothing captures the beauty of freedom better than the ideals of free speech outlined in the First Amendment of the Constitution. However, many Americans have no idea what the First Amendment actually means.
The most misunderstood facet of free speech is how it works in regards to employment. Just as it is legal for employers to bug your phone and question you without an attorney present, it is completely legal in many states for your boss to censor your speech. In right-to-work states like Louisiana, you essentially surrender many of your constitutional rights as soon as you walk through the door.
Companies have an image to uphold, and while you are employed, you are an extension of that image. Therefore, any statements you make in public or on social media are also an extension of that company. You will not get fined or sent to jail for your opinions, but there is a very real possibility that you could be fired.
Similarly, social media companies have every right to choose what is and is not allowed on their websites. In late 2016, Twitter came under fire for deleting the profile of self-proclaimed at-right leader Richard Spencer.
Spencer’s Twitter has since been reinstated. Spencer claims Twitter suspended his account because they are a liberal company that did not like his conservative views, and Twitter claims the reason Spencer’s account was suspended not because of his views but because he was in violation of a multiple account abuse rule. In reality, it ultimately does not matter why Spencer’s account was deleted.
Members of the alt-right were furious with Twitter for deleting Spencer’s account because they claimed it was a violation of his right to free speech, but that is not the case. Though websites like Facebook and Twitter pride themselves on letting people express how they feel, Twitter is a company and the principles of free speech do not have to apply on their website.
As explicitly stated in the Twitter rules that all users must agree to, users are prohibited from posts that “promote violence against or directly attack or threaten other people on the basis of race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability or disease.” If users do not like this policy, they have every right to boycott the service, but it is in no way a violation of anyone’s right to free speech. Twitter is not required to be “free speech friendly” because the law of free speech does not have to apply to them.
The First Amendment does give people the right to say whatever they want with the ensured protection that no government agency will file criminal charges against them for doing so. However, the First Amendment only protects citizens from legal persecution. There is no mandatory protection from criticism, ostracism, ridicule or any other social consequences.
If Americans have the right to free speech, then surely one cannot be fired for expressing their opinion, right? Wrong. Contrary to popular belief, there are legal parameters of what you can and cannot say in the United States.
In 2011, the Supreme Court ruled that the Westboro Baptist Church has the right to be hateful without legal consequences. This ruling ended a long-running court battle, but it did not stop Americans from holding a general dislike for the church. The same concept applies on a smaller scale to U.S. citizens. It is one’s right to say whatever one wants, but it is everyone else’s right to criticize, boycott or disassociate from me in response.
I’m not saying Americans should censor their feelings or stop participating in political demonstrations, but we should all educate ourselves on what our rights are to protect ourselves from potential consequences.
Anna Coleman is a 19-year-old mass communication junior from Kennesaw, Georgia.
