Our Constitution protects us from the government controlling what we say, how we think, and what we believe. This includes what we read, the information sources we choose, the people we gather and associate with, who we follow on social media, TV, etc. Our First Amendment clearly codifies our right to, in a nut shell, freely express ourselves. It comes first in our Bill of Rights for a reason. You see, our founding fathers believed that the freedom to openly express your personal thoughts and beliefs without fear of retribution from the so-called powers that be, was a crucial bedrock for the proper foundation for a new country. Remember, our founders came from a tyrannical government where their voices meant barely anything, and the king decided right from wrong, true from false, loyalty from treason.
The brave men who formed our nation risked everything (their security, comfort, stature, life’s work, family, friends, worldly belongings, and in some cases their lives) in order to create a free country. The Bill of Rights they drafted oozes with sovereignty, independence, and personal autonomy; while their Declaration of Independence oozes with proclamations of liberty, justice and self-governance, containing phrases that declare “that all men are created equal”, and that they all have “certain unalienable Rights”, and clarifying that the purpose of government is “to secure these rights”. One of the most important phrases in that Declaration is the line that explains that the government derives its “just powers from the consent of the governed….”
So, here I must impress upon you a fact that is oft times overlooked by many, I dare say most, Americans - politicians and citizens alike. And yet, it is the very cornerstone of our free society, and likely the reason the United States has survived for almost 250 years. This fact is the way the First Amendment is phrased. You see, it’s not a grant of permission, such as, “You shall have the right to free religion, free speech, etc…” No, no, it is not a bestowal upon the citizenry from those on high. Instead, it is a restriction on the government. It quite clearly says, the government shall not x, y, z… Take a look at the actual language which reads:
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.
Re-read those first few words… It forbids Congress. It is a command to the government to refrain from doing something against the people. (Side note: this is why the First Amendment applies only to the government and not to individuals or private entities… because it is restricting government. Not the people).
This theme continues throughout the Constitution and particularly the Bill of Rights. Article after article, amendment after amendment, the words therein tell the government what they can and cannot do. Those words do not tell the citizens what they can and cannot do. The Second Amendment does not say the government hereby gives you the right to bear arms… Instead, it says our right “to keep and bear Arms, shall not be infringed.” This intentional, linguistic framing of our rights is absolutely crucial to the underlying theme of our nation - that is, WE control our government… the people who make up our government do NOT control us.
Furthermore, those who comprise our government do NOT give us our rights. Instead, our right to live and be free in an inherent right, a principle that we are all born with. It comes directly from our very existence, from nature, from God. The Declaration of Independence boasts it clearly in the very first sentence when it says that we are entitled to “assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God…” endow upon us. The premise is, that other men/women (i.e. government) are no better than you or I. They have no claim to control your thoughts or your beliefs, what you say, who you follow, or what you read. Not only are they not above you, in fact, they are supposed to work for you. They are supposed to keep law and order, control our borders to keep us safe, and ensure that our free nation continues for our future generations.
And so, we can understand how it is that our Founding Fathers put the right to believe what you want, speak your mind, and live without fear of punishment for thinking for oneself, at the very top of our freedoms. Their message was crystal clear.
Where the waters get muddied, however, is when the government acts to silence and control us in a way that is sneakily cloaked in back room conversations and coercion. As noted above, the First Amendment applies to the government, but not to private individuals or businesses. During my weekly NTD News spot the other day, I discussed this issue as it applies to social media companies, and in particular, You Tube - a private, social media giant that has over 2.5 billion users. The scenario was that during the Biden administration, government officials were apparently forcing You Tube to censor certain topics, and people, because the Biden government didn’t like what was being said. Which topics did they seem to be censoring (or forcing You Tube to censor)? Various topics like the veracity of the 2020 Presidential election, and issues surrounding the COVID19 pandemic and the shot. This is 100% unconstitutional.
The government cannot censor you directly, nor can they censor you by forcing a private company to censor you! Indeed, censorship starts down a very slippery slope that leads to totalitarianism. If you cannot speak, think, and act without fear of government punishment or retribution, then you certainly are not free.
For the full details on this story, check out my interview discussion (above) or you can click here to view the video: https://www.ntd.com/government-cant-censor-you-says-civil-rights-attorney-about-federal-pressure-to-ban-content-creators_1092623.html
Share this article and my interview with your friends, groups and family. Share it far and wide, for the key to preserving our precious rights to freedom of speech, thought, religion, and assembly is to know your rights, to understand their import, and then to fight for their longevity!
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