Fighting for the First Amendment
In a February 1, 2007 article on the Poynter Institute's website [1], CCJ Trainer and Poynter Institute Distinguished Fellow Gregory Favre discusses the First Amendment.
Favre's comments were the opening remarks at a First Amendment summit held in January 2007 by the American Society of Newspaper Editors (ASNE) [2] in Washington DC.
"The First Amendment, it has been said, is a Constitutional minefield," said Favre. "Perhaps we can leave with a better understanding and greater clarity about not only defending the rights embedded in the amendment but in helping to educate the public about them."
Favre shared the results of a survey conducted by the First Amendment Center, which found that only 56% of respondents knew about the guarantee of freedom of speech, 17% freedom of religion, 13% freedom of press, 11% the right to assembly, and 3% the right to petition. "We have a lot of work to do," Favre concluded.
Favre went on to quote the Supreme Court: "The free press is not a nice press or angelic press."
"But the alternative of having no press is much worse," said Favre. "The answer to correcting wrong speech is more speech, not less speech."
After sharing several examples of controversial First Amendment issues from the past year, Favre ends his speech with words from past and present Supreme Court Justices regarding the First Amendment:
Justice Anthony Kennedy [3]: "The First Amendment is often inconvenient. But that is besides the point. Inconvenience does not absolve the government of its obligation to tolerate speech."
Justice Louis D. Brandeis [4]: "The constitutional right of free speech has been declared to be the same in peace and war. In peace, too, men may differ widely as to what loyalty to our country demands, and an intolerant majority, swayed by passion or by fear, may be prone in the future, as it has been in the past, to stamp as disloyal opinions with which it disagrees."
Justice William O. Douglas [5]: "Those in power need checks and restraints lest they come to identify the common good for their own tastes and desires, and their continuation in office as essential to the preservation of the nation."
Click here to read Favre's remarks in their entirety on poynter.org [6].