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Computers, Privacy & the Constitution
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The Revolutionary James Madison-- By NathanielCrider - 06 Mar 2015IntroductionThe Four Functions of the Guarantee of Freedom of ExpressionFundamentally, the rights of freedom of speech, press, assembly, religion and petition function as a bulwark against totalitarian government. Specifically, these rights – together the rights of 'free expression' – serve four basic functions in pursuit of that goal.Facilitates Self-RealizationFree expression facilitates self-realization. The realization of a one's character and potentialities, which is the ultimate achievement of self-realization, is necessarily particular to the individual. In developing her personality, the individual has the right to form her own beliefs and opinions. And because expression is critical to the development of belief and opinion, she must also be allowed to express her ideas. Government actions which tend to suppress the expression of belief and opinion therefore thwart an essential purpose of the individual.Advances Knowledge and TruthThe rights guaranteed by the First Amendment also advance knowledge. Indeed, the free expression rights may even help us obtain the Truth. By embracing free and rational inquiry, the proposition therefore rejects the notion that a single individual or small group of individualscan know and proclaim the Truth.Protects Political Participation and Decision-MakingIn addition, the free expression rights are indispensable to political participation and decision-making. The just power of government is derivesd from the consent of the governed. As the holders of sovereign power, citizens have the right to form their own beliefs and communicate them to the government and the governed through the political process. And because the political process is the means by the people govern themselves, freedom of political expression is necessary for securing freedom elsewhere.Balances Stability and ChangeA final function of the guarantee of the freedom of expression is that is strikes a balance between stability and change. Suppression produces a superficial conformity and results in the ossification of ideas. Furthermore, it may make violent revolt more likely. On the other hand, the full discussion and encouragement of dissent provides catharsis for the aggrieved and an opportunity for the state to address or maintain the social conditions under which democracy can continue to operate. And though stoking the embers of dissent may threaten the state, history teaches us that suppression more often harms the general welfare than it protects. The First Amendment guarantee of free expression thus provides a framework for a dynamic, progressive and democratically-organized society. And through the encouragement of dissent and toleration, it offers a vision of governance powered by reason and the virtue of the people. Moreover, the First Amendment necessarily rejects that with which it is incompatible: a polity of stagnation, autocracy and tyranny. In sum, therefore, the security offered by the First Amendment's system of free expression protects much more than any one of its constituent functions.Madison and the Guarantee of Anti-TotalitarianismFacilitates Self-RealizationAdvances Knowledge and TruthProtects Political Participation and Decision-MakingBalances Stability and ChangeYou are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable. To restrict access to your paper simply delete the "#" character on the next two lines:
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