It is that speech which is MOST OFFENSIVE that needs the protection of the 1st Amendment – not that speech that you agree with or are comfortable with hearing.

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”

The Bill of Rights is and should be, limiting to the Government – not private persons, businesses or groups. However, the spate of violence, protest, Cancel Culture, and general butt hurt in the United States, combined with both the trending purposeful disrespect shown to our National Colors and the legal and social bludgeoning of various vendors, entertainers, and political figures for refusing to violate their moral and religious obligations, has been met with the hue and cry from the political Left and Right to limit the 1st Amendment via legislation, litigation and regulation – this is a mistake.

There ARE limits on Free Speech – as well as assembly, redress of grievances, the press and religion. Those limitations are generally defined by the BRIGHT RED LINE of the next person’s rights – to include those to life, liberty, and the pursuit of happiness.  Some examples are:

1) Injurious – One cannot yell “FIRE” in a crowded area where there is no actual danger of fire – as it would tend to cause such a panic that life and limb would be threatened needlessly.

2) Slander – One cannot utter slanderous (defamatory) statements about another as it would tend to affect their livelihood and personal life without cause (although apparently canceling someone is perfectly OK.

3) Threats – One cannot utter or by action, threaten another with harm – especially in those cases where the motive, opportunity and capability are present.

4) Liable – One cannot write slanderous (defamatory) statements about another as it would tend to affect their livelihood and personal life without cause.

5) Editorializing – the Press must refrain from printing or broadcasting editorial and opinion as fact, as it can fall under the rules of Liable or Slander (of course they do this all the time, and no one holds them to account).

6) Incitement – One cannot purposefully call to violence a group of people, especially during a peaceful assembly or redress of grievances via statements such as “Let’s burn this MFer down” or “Kill all the Police!”

There are others – but for the purposes of this opus, these will suffice.

The right of protestors to peacefully assemble and redress their grievances caused by the controversial acts of a group or agency, is perfectly acceptable. I fully support it – even when I do not agree with or support the cause behind it.  Protest the police, burn the flag, burn a Holy Book, call dead Soldiers “Fags,” or demand the right to marry your same-sex lover – it is all Cool and the Gang as far as I am concerned.  Likewise – I support your right to refuse service (as a business owner) to anyone no matter what the reason (aside from those reasons prohibited under Federal Law) – you should not be forced to associate with those that you do not wish.  That being said – there are social ramifications to all these acts, from ostracization, to a loss of revenue via boycotts, and loss of livelihood and social status.  These are the risks you take – although the Marxist Cancel Culture often takes that too far – pandering to the eternally offended.  But that is for another post.

However – the moment that you violate the next person’s rights – the moment that you throw a brick, break a window, shoot at a cop, physically attack another, slander or liable another, or otherwise infringe upon the private property, life, liberty, or pursuit of happiness of another – you have crossed the line.  This line is the BRIGHT RED LINE that no one – not an individual, not the government, not a group, and not a crowd may legally or morally violate.  This is where appropriate use of force makes sense… but again, that is for another post. 

Claiming incitement because you are butt hurt over an “offensive” comment, a maligned finger gesture, flag burning, a crucifix in urine, or a cartoon of Mo that portrays him in an unflattering light is intellectually, legally, and morally dishonest.  You cannot have it both ways people.  Either ALL OF US have rights – or no one does.

Choose carefully.