Commentary: Opinion, Free Speech, Choice, and "The Right To Lie"

 In reply to this article in the "CT Examiner" (1).  

We are indeed faced with great troubles and challenges in the America that we call home.  In Connecticut alone, crime has greatly increased, not to mention the ever-rising cost of living.  Education is now a controversial subject, as is whether or not one chooses to be vaccinated against COVID.  And in Hartford, many of our elected politicians only give lip service to the idea that the people have a voice.  

Against this backdrop, Mr. Deshefy opines that liberty and freedom of speech are outdated notions.  Using big words like "cavalcading", he tries to convince the reader that these ideas are examples of "extremism", even going so far as to call critics "stupid".  

Allow me to address some of Mr. Deshefy's statements.  

• "Cancel culture" is a "myth"

I guess the author forgot about Disney and Dr. Seuss being overwhelmingly censored, simply because of (for example) there are illustrations depicting characters who are Chinese.  And actress Gina Carano has been "canceled" not for saying outlandish statements, but for posting facts on various social media accounts (2).  Perhaps I'm wrong, but these instances of censorship don't seem like myths or "tall tales" to me.  

• "When we give license to the injurious and facts take backseats to belief, freedom of speech becomes gnarly and twisted"

Opinions and beliefs notwithstanding, what does the author believe is "injurious" (that is, causing injury)? I submit that it is not his place to decide for others what is opinion, and what is fact.  

• "No one has First Amendment rights to defraud by lying, or (to) falsely accuse a citizen"

Let me clarify something here.  The First Amendment protects one's right to worship in accordance with their beliefs (or if they choose, not worship at all).  It also protects rights to free speech, a free press, peaceful protest, and the right to ask the government to do or not do something.  Nowhere does it speak of lying, or saying things that some might find to be "offensive" (3).  Thus, the author himself is making a false claim; he is assigning the Amendment a meaning that does not exist.  

• "Legal entitlements to public self-expression are neither constitutionally guaranteed nor vital to the nation, if...they spawn dangerous elements"

On this topic, I find myself to be in agreement.  As with most other rights, the rights of free speech and free expression are not absolute.  You don't have the right to express yourself in any manner that might endanger the safety of others, or infringe on their own free speech rights (this is where the "shouting 'fire' in a crowded theatre" example comes in).  Similarly, you can't express serious intent to commit any "imminent lawless action".  

• "Freedom of speech isn't a license to beguile or deceive"

Perhaps not, but it doesn't disallow possible deception, either.  Again, there is nothing in the First Amendment that precludes lying.  Whether or not to be honest is a choice that the Constitution leaves to the individual.  In my opinion, this is right and proper.  

• "There was a time when Americans routinely doffed their hats and extended common courtesies without feeling stripped of their rights. We could improve by such politeness again"

Yes, we probably could improve in this way.  In recent years, manners and chivalry seem to have become things of the past, at least to some extent.  Holding a door open for someone, or silencing your phone at dinner, isn't just good etiquette; it's good sense.  

• "After all, how hard is it to be politically correct, protect one another...wear masks and avoid prolonging a pandemic?"

Regardless of how difficult it might be to do as such, these choices are up to each of us as individuals.  If you choose to wear a mask, I'm not going to say that you can't, as it's not up to me.  In the same manner, if I decide not to wear a mask, the author shouldn't demand that I do so.  After all, we're talking about my life, not his.  As long as someone's choices don't clearly physically harm another, they should be left to their own devices.  That's what liberty is all about.   

Sources:

1. Deshefy, Scott. "'Extremism In Defense Of Liberty' If Devoid Of Truth And Ethics, Is Definitely A Vice.". The Connecticut Examiner, 2021, https://ctexaminer.com/2021/03/30/extremism-in-defense-of-liberty-if-devoid-of-truth-and-ethics-is-definitely-a-vice/.

2. Kato, Brooke. "What Is Cancel Culture? Breaking Down The Toxic Online Trend". Nypost.Com, 2021, https://nypost.com/article/what-is-cancel-culture-breaking-down-the-toxic-online-trend/.

3. "U.S. Constitution - Amendment 1 - The U.S. Constitution Online - Usconstitution.Net". Usconstitution.Net, 2021, https://www.usconstitution.net/xconst_Am1.html.