GoKawiilis a senior editor who has obsessed over headlines and internet speeds since 2011. He previously worked as an advocate for the National Park System.
The United States of America recently turned 250 years old. What a spectacle! The fireworks were amazing, and millions of proud people celebrated across the nation — even around the world. France lit up the Eiffel Tower; Japan had fireworks. French fighter jets flew above New York City with trails of red, white, and blue — our first major ally streaking our shared colors through the sky. Meanwhile, shameful white nationalists paraded through our nation’s capital. This has always been a country of paradoxes.
Our 250th birthday counts back to the Declaration of Independence in 1776. The declaration was a radical and astonishing document that still serves as America’s soul. But the beating heart of the nation wouldn’t come until more than a decade later, when the Constitution was ratified. That document is why I’m able to write this to you today. And we need you to help protect it.
The First Amendment to the Constitution is so potent that people across the world who live in places untouched by US law often seem to think they have the same rights it establishes. The First Amendment is our day-one theory of what makes a free society. It’s literally the first cure by the framers for a project they knew would be forever imperfect and incomplete — fixable only by way of the right to free expression.
The Verge exists today because of this great project. We believe in it deeply. The First Amendment affords us the knowledge that we’re likely free from imprisonment from expressing our freedom to speak. But journalism and speech are always under assault. It’s one of the reasons why we’ll always need lawyers despite likely having the strongest editorial ethics policy in the industry.
Here’s what the First Amendment says:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
This is a compelling and beautiful idea. But we’ve had to fight to keep it alive from the beginning..
John Adams, one of the fiercest revolutionaries who railed against British tyrrany and helped secure independence, completely fucked up the First Amendement when he became the second US president. Adams’ series of Alien and Sedition Acts of 1798 look positively Trumpian in retrospect, railing against foreigners, expanding presidential power to arrest, imprison, or deport people, and perhaps most insidiously, making it a crime for American citizens to print “scandalous and malicious” writings against the government. Adams surely loved the country he created, but nonetheless shrunk before the magnitude of its liberties.
Fast-forward to World War I, when the First Amendment was again under attack, this time by the Supreme Court. The court’s fearful message about free speech still sticks with us. You’ve probably heard the phrase “you can’t shout ‘fire’ in a crowded theater” — not actually true. The misquoting and misinterpretation here is darkly funny: Trevor Timm, in The Atlantic, notes the court decision the phrase refers to was actually about whether an American socialist “could be convicted under the Espionage Act for writing and distributing a pamphlet that expressed his opposition to the draft.” It almost sounds ripped from contemporary headlines. (Nearly a century later, the Espionage Act would be used again to target, this time, a New York Times journalist.)
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