A Conservative Viewpoint - Freedom Of Speech Isn’t Free

Article by Bob Steinburg
- Edenton, North Carolina: Cradle of the Colony

The first amendment to the U. S. Constitution guaranteeing freedom of speech was adopted law on December 15th 1791. It is the most important freedom we have in America for without it we would be unable to defend the other constitutional freedoms, such as our right to bear arms, due process and the right to a trial by jury.

Americans over the centuries have fought and died to preserve the rights that most of us take for granted - like the freedom of free speech. Just think how frightening it would be to have something important to say and not being allowed to say it without the threat of immediate arrest. Few of us will hopefully never have to face such a scenario. But I know of one man who did.

Public meetings take place by the thousands across America every day, at town councils, boards of education and planning commissions. These meetings are designed to conduct the people’s business in an open forum with time reserved for public presentation, concern, comment, adulation and even criticism.

Anyone who has ever served on a board or as an elected or appointed official knows that serving can be an exhilarating experience as well as perhaps a burdensome assignment. Much like writing a political column for a newspaper, one is put on the front line, but hoping for a more thoughtful discourse among your readers. For elected officials, voters’ response to their actions is measured immediately through such meetings and ultimately at the ballot box in the next election.

Back to the man. He was attending a planning commission meeting in Virginia. He listened to two very thoughtful presentations on a potential health and safety issue about the proposed building of homes near at least 210 probable coal mines. He was surprised that the commissioners didn’t seem to be paying very close attention to the speakers, and in fact in some cases was disrespectful. He and others in the audience found the presentations riveting. This was serious stuff but there appeared to be little concern from many of the commissioners.

The chairman asked if anyone else would like to speak and something inside of him said he really didn’t want to get involved, but certainly the commissioners should be challenged for their apparent indifference to what the first two speakers were saying.
This man knew he was moving to North Carolina in several weeks and this wasn’t really his problem anymore. Yet he could not allow himself to walk away from the perceived indifference on the part of the commissioners. How could he live with himself if he later learned that a life was lost simply because he didn’t want to be inconvenienced?

He got up from his seat and approached the microphone. He introduced himself, and asked why the commissioners appeared to be giving the two previous speakers mere lip service. He criticized one of the commissioners in particular and was reprimanded immediately. Although his remarks were brief he found he was spending his allotted time defending his right to speak and unable to cut to the heart of the issue.

He was told to sit down immediately or risk arrest. He couldn’t believe it. He could sit down and avoid what he knew would follow or he could stand up for his rights under the first amendment to the U. S. Constitution and finish his thoughts.

He was never afforded the opportunity. He was arrested, handcuffed, and charged with disorderly conduct. The charges eventually were dropped and a civil lawsuit followed alleging a breach of his constitutional rights.

Imagine the pain and embarrassment. No wonder every day many Americans cower when faced with standing up for what they think is right and choosing instead not to get involved. Justice isn’t always easy and it’s never free. It is often cost-prohibitive to seek judicial review for ultimate justice. Opposing the government or anyone with deep pockets is daunting and why most will shy away from ever becoming involved in the first place. I’m certain the founding fathers never envisioned a judicial system that discourages rather than encourages Due Process in certain cases by limiting access to only those who can afford to pursue it.

So was this man courageous or was he a fool? That will ultimately be for others to decide. I’d rather think he’s just an average guy who overcame his fear of being arrested and followed his instincts to defend his right to free speech.

Was it all worth it? Well since the man filed a federal lawsuit against the county for denying his right to free speech two significant changes at their public meetings have occurred. The county planning board removed their prohibition against personal criticism (personal attacks) and have implemented a time period at each meeting where citizens can speak about whatever they choose without prior approval, which was previously required.

I know the individual who two-and-one-half years later still finds himself in the midst of this costly judicial battle for the right to free speech. It is I. Would I do again? Yes. Many have already died to insure all Americans are afforded the right to free speech. My sacrifice pales in comparison.

Bob, this is the most important article that you have ever written. Here in Eastern North Carolina the tendency to never be controversial is a part of our culture. However with the growing abuse of power from one party rule here in North Carolina, it is time we stopped avoiding controversy and got in the battle. Thank you.


Updated 4/1/2008 - Here is a hot link to the video mentioned in the comment below.