I'm
opposed to free speech.
Let me
pretend, for the sake of this discussion, that I am a full-fledged Filipino
citizen. I know for Proud Pinoy that is like running your teeth across the
blackboard, but please extend yourself for about five minutes.
Let me
start my argument with two case studies of free speech then discuss this
"liberty" and why I think it is important that our notions of
democratic principles evolve .
- Case 1. Manila, Philippines. 2012. Court employees band
together to protest the impeachment proceedings against Chief Justice
Corona.
- Case 2. Oakland, California, U.S.A. 2011 and 2012.
"Occupy Oakland" protestors intentionally confront Oakland
police.
Case 1
By
definition, the courts ought to be the most rational of civic institutions, the
place where our personal biases and emotions are set aside in favor of a
rational dissection of the law and the case being adjudicated. The scene of
court employees marching in an emotional political protest against the checks
and balances that assure a strong democracy is surreal indeed.
To
understand the protests, one has to understand the emotional esteem issues that
underpin many interpersonal engagements in the Philippines. Consider what loss
of "face" means to a lot of Filipinos. Simplistically put, it is this
chain of events: (1) Personal integrity
is questioned. (2) This cannot be allowed. (3) Grab a gun.
What is
happening regarding protests by court employees is that they are taking the
Corona impeachment personally. They have lost sight of the fact that checks and
balances are what make democracy work.
So those
who are supposed to represent our highest institution of rational, apolitical
impartiality - the courts - are throwing a personal tantrum. In the name of
free speech, of course. They toss aside their obligation to remain objective,
unemotional interpreters of the law.
Now I
don't think court employees should be stopped from protesting by any legal or
police action. But I think the rest of us, acting through the social
institutions available to us, ought to make clear that we think our court
employees ought to have a better understanding of their role in a
well-functioning democratic society.
By
"our" in that sentence, I mean to make clear that government
employees work for the people. We are the boss. We have, through our
representatives, designed and built the government institutions and processes.
The checks and balances. Our employees must tread carefully if they decide to
criticize these decisions, institutions and processes. That would be like a
tool worker at Mitsubishi Motors standing outside the shop foreman's office
with a sign protesting the way the assembly line is run. He'd be out of a job
10 minutes later.
Given
their attitude, I figure the court employees are about one battalion short of a
coup.
We ought
to tell court employees to respect the law they work to uphold, sit down, and
shut up. Let the legal process work its way through and stop imposing their
personal pride issues upon the rest of us. Their "free speech", a
personal right undertaken in a court robe, is undermining respect for law, and
the neutrality, independence and impartiality of the judicial arm of
government.
Just as I
should not sit here and type "Corona is guilty", they ought not to
shout "Corona is innocent". It is wrong for them to be complaining
about the process of "due process" because their feelings are hurt.
You see,
free speech isn't about the right to blabber any old thing. It is why I cannot
scream "bomb" in the airport terminal or shout obscenities in a
school yard. Free speech needs to be responsible speech.
Court
employees engaged in a political protest are irresponsible to the
"liberty" the rest of us are entitled to: independent, impartial, well-functioning
courts.
Case 2
I'm back
to being a U.S. citizen.
The
Oakland branch of the "Occupy Wall Street" protest has staged a
series of confrontations challenging the local laws and police. They were
offended by harsh treatment of protestors by police at the outset of their
protests and have changed their mission. They are no longer concerned about
unreasonable pay for corporate CEO's, or abuses of power by banks. They are,
like court employees, taking up a personalized agenda. They are obsessed with
"police brutality".
The
problem is that their idea of free speech is undermining the reputation and
power of those hired by government to protect and serve the rest of us. The
police department. So, in the interest of promoting values they believe in . .
. namely a a police department that lets them do whatever the f*** they want .
. . they are fine with undermining the values that protect the rest of us.
Those of us who believe obeying the law is important.
Again,
the problem is that the Occupy protestors disregard the impact of their free
speech on society's well-being.
In this
case, I fully support arresting those people who decide free speech means they
can break the law by gathering where they were instructed not to gather. And I
support the police department knocking heads with their batons if the
protestors get physical. Refusing a lawful order to move along is a physical
act requiring use of force. The alternative is to allow the seeds of anarchy to
sprout, to root, to spread.
As a
citizen, I did not elect the representatives who appointed the Occupy leaders.
I elected the representatives who employ the police.
If the
police were out of line, there are methods in place for me, the citizen, to
punish offenders. If the Occupy protestors are out of line, there is no method
in place for me to punish offenders. Frankly, I want a police department that
can be brutally forceful when challenged.
Free
speech does not mean sealing the speaker off from the laws of the land. It does
not mean anarchy is permitted under the Constitution.
A Fundamental Liberty: Responsible Speech
I suggest
that we adjust our understanding of free speech with a simple asterisk, a
notation that "free" means "responsible", it does not mean
unrestrained, and it does not mean that individuals or even organized groups
can act recklessly, where recklessly sacrifices the well-being of others.
A smoke
bomb over the White House fence is not free speech. Court employees marching
undermines the neutrality of the courts. Occupy protestors taunting police
undermines our safety.
New laws
should not let protestors hide irresponsible, dishonorable behavior behind the
honorable intent of the free speech law.
We all
need to work hard to discern when the scales of partiality penalize the greater
good. We need to use existing laws, new case laws or social media to help the
irresponsible few understand that they are not entitled to damage the rest of
us.