Once again, this time in the case of Harrison Butker and his commencement remarks, many people are confusing and overplaying The First Amendment.
Allow me.
Let's start with a simple mantra. There is no such thing as "free speech". Everything we say, at any time, in any situation, to anyone and whether spoken or printed, is not "free".
Every word we speak has consequences and responsibilities. That makes it accountable in every aspect.
"Freedom of Speech" means "the right to articulate opinions and ideas without interference, retaliation or punishment from the government." This means it "protects this right by prohibiting Congress from making laws that would curtail freedom of speech."
The First Amendment is specifically about government interference over what someone says, and therefore no law can be made infringing on that right.
Even though the First Amendment uses the word speech, the U.S. Supreme Court has held that it protects a wide variety of expression. This includes what is known as “pure speech,” meaning the spoken word. The First Amendment also protects expression that is written and expression that is typed and published.
The First Amendment was written to protect us from the government. It offers no protection against repercussions from those who disagree with you. Nowhere does it guarantee that your opinion must be respected. Nowhere does it guarantee that you will have an audience.
Your free speech allows you to stand up in a meeting and call your boss a derogatory name, shouting it to the rafters, without worrying about being arrested for it.
It does not prevent your boss from firing you.
Therefore, no government or outcropping of the government can stop someone such as Butker from making his comments, though there are a few conditions that are not covered under 1A. None of those apply here.
Butker is thus eminently able to make comments that offend, inspire, show derision, bring accolades, anger some people and make others cheer. While the government cannot take action, nothing says the public via comments, opinion or reaction cannot condemn him and seek to ostracize or limit his ability in certain situations to say them again.
The group he spoke before at Benedictine College knew exactly what they were getting, exactly what he would say, and what it would say to their gathered masses.
If the NFL or KC Chiefs chose to punish him, they would not be running up against his 1A rights as those are a government involvement matter. They would be within their legal rights as an employer, and could refer back to stipulations in his contract that cover behavior and bringing derision to the team and league, if they so choose to open that can of worms.
They won't. The NFL and the Chiefs are a billion dollar industry, and this blip on the money-printing radar won't even make them sniff. Bang away and bellow all you want, but he said absolutely nothing that they would deem a termination offense. Part of that is due to the fact that in this case, as in America at the moment, public opinion is split on what he said. There are many who decry it as an affront to women. There are those who applaud it for 'bringing American values" back into play.
Where you stand is your business. If you decide to never again spend a single second or a single penny on anything NFL or Kansas City Chiefs, you go right ahead. It won't impact their bottom line in the least. To them, that's all this is about, and has nothing to do with that he said, while being paid to say it, to a mostly partisan group.
Butker voiced his opinion. He's said the same things before in many places, just not as public as this. The fact he's receiving so much media attention only forwards his cause, and in this case, makes him the "winner" in this skirmish.
Want proof? Check out how the sale of his Chiefs replica jersey exploded after the controversy began.
Everyone has the right and the ability to say something intelligent or incendiary. Everyone also has to pay the freight for the weight of their words, one way or another.
Next time someone says something that offends you, let it slide right into oblivion, and their "cause" will gain no additional traction, as they most assuredly so desired.
Harrison Butker knew exactly what he was doing.
When it comes to proper use of the First Amendment, do you? Ed Berliner is an Emmy Award winning broadcast journalist and serial entrepreneur. He is a noted communications and media expert who speaks and teaches on those very subjects to meetings, event and conventions, fully understanding he is held responsible for what he says, and has no concerns about government intervention.
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