Freedom of speech, particularly divisive or controversial speech, is a trademark of the American government. The freedom to express one’s beliefs is guaranteed to all American citizens in the form of the first amendment of the Constitution. The ability to express oneself openly is a provision all too rare in the world today. The power granted by free speech is unmistakable and has the potential to be revolutionary.  While very few, if any, would scrutinize the ethics behind such legislation, it is apparent that even one of the very cornerstones of American ideology is not impervious to abuse and misuse by the very same people it was designed to protect.

To best understand what the problem is and subsequently how to fix it, one must begin with the original text, which in this context merely states that “the government shall make no law abridging the freedom of speech.” Despite its well-aimed intentions, this amendment is afflicted by a phenomenon common within the Constitution, “The Founding Vagueness”. “The Founding Vagueness” phenomena is a byproduct of the Founding Fathers putting more emphasis on passing legislation that everyone can agree to at the cost of specificity. While it did succeed in uniting the country, it fell short on practicality, as the Supreme Court has ruled on numerous occasions that unlimited free speech is problematic at best. Notwithstanding, the First Amendment has proven successful, except for the rare occasions when it has been ignored (Alien & Sedition Acts of 1798, the Patriot Act of 2001, and the NSA, just to name a few…).

On a more serious note, the major problem with the First Amendment isn’t when its ignored, rather when its thrown around in scenarios the Founding Fathers could never have predicted. Racial relations, gender identity, religious fanaticism, yellow journalism, and the internet are all concepts that either didn’t exist, weren’t really discussed, or have substantially evolved in the last 230 years. At the time, Madison and the Founding Fathers were primarily concerned with holding the American colonies together after the war with Britain in a way which didn’t involve a monarchy or a dictatorship. Does that mean that the First Amendment or any of the others for that matter are simply irrelevant or outdated? While outdated is subject to opinion, it would be naïve to equate age with functionality. The idea is very much salvageable; furthermore, all it really needs is updating.

Fortunately, the Supreme Court’s entire job revolves around interpreting the Constitution; not only has it been updated, but this is where it gets really interesting. During the Vietnam War, the Tinker v. Des Moines case brought the role of the Freedom of Expression in a school setting. Surprisingly, the court ruled in favor of the students who chose to wear wristbands which expressed disapproval with the already unpopular war. The second major case involved “hateful and destructive speech,” such as shouting “fire!” in a crowded theater. However, this is where the narrative ends, as the 21st century brought once-taboo subjects like gender identity as well as unprecedented subjects such as the internet into play.

The issue facing us today is that particularly with divisive beliefs, usually regarding politics, religion, or self-identity, everyone wants to speak their mind; however, their passion comes out in a variety of ways ranging from a passionate discussion to a shouting match. Unfortunately for many, they feel uncomfortable or unable to discuss such issues, out of fear of how others would react. While disagreement and arguments come with free speech, hatred and persecution do not. There is a real difference between exercising one’s right to free speech, and using hateful rhetoric out of fear and spite.

The court can help, but ultimately cannot prevent people from abusing the freedom of speech. That is where we, the people of the United States of America come in. We have the power to change our government; moreover, that is the not only goal of our Founding Fathers, but of democracy as a concept. We have been given the ability to create change in a way that is not possible for the citizens of many nations even to this day. We are as John Winthrop puts it “A city on a hill,” and the eyes of the world are still on us. Let’s make America great again, but not by kicking people out and barricading the gates; instead, let us welcome people with open arms– and by combining our voices, we will change the world.