Free speech is fundamental to ensuring that any country remains free. Trifling with it should not be taken lightly. Three recent events in the U.S. remind us of its value. One was the Prophet Muhammad Art Exhibition and Contest in Garland, Texas. That incident created a debate between “free” speech and “hate” speech. Another was the PEN (poets, essayists and novelists) award to Charlie Hebdo, which was boycotted by some prominent writers who claimed the magazine is “racist.” The third, and scariest, was the assertion by Hillary Clinton and others that the Constitution may have to be amended; so that Congress in its wisdom can determine what is appropriate and what is not in regard to political speech during Presidential campaigns.
The example that is always used to define the limits of free speech is the crying of “Fire!” in a crowded theater when there is no fire. It is malicious and is intended to scare and harm those that are there. But words that are distasteful to some, or even to most, are protected. When Chris Ofili displayed his elephant dung-covered Madonna at the Brooklyn Museum in 1996, it was described by then Mayor Giuliano as “sick,” an assessment with which I agreed. But when he tried to have the City of New York withhold a $7 million grant, the museum sued on the grounds that the mayor’s action was an infringement of its First Amendment rights. The museum, rightly, won.