Is Free Speech Dying?

Free speech protections have been recently thrust into the spotlight with Facebook’s ban on Alex Jones and InfoWars. But what is the government's true role in those protections? You are receiving this email because you subscribed to Energy and Capital. [Click here]( to manage your e-mail preferences. [Energy and Capital logo] Is Free Speech Dying? [Luke Burgess Photo] By [Luke Burgess]( Written Aug. 13, 2018 As a writer and proponent of limited government, I find no right more important than the freedom of speech. But it's clear there is some broad confusion about the nature of this right. I hope to clear some of this confusion up with you today by looking at the two biggest myths about free speech. Let's begin with reading the words of the First Amendment: 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. Myth #1: Anyone can violate your free speech rights The absolute biggest misconception about the freedom of speech clause is that anyone can violate your First Amendment right. The First Amendment applies only to government action. First Amendment protections originally applied only to laws passed by Congress. But since 1925, First Amendment protections apply to government at any level — federal, state, and local. A private business can still censor your speech. And the government has no official responsibly to protect you from that. What that means is private companies and organizations are allowed to censor what you say. If you post something on a private company's website such as Facebook or Twitter, regardless of the content, the company has every right to take it down. This is not a violation of the freedom of speech. Because again, the First Amendment applies only to government action. If you walked into a church and started yelling obscenities, the church has every right to toss you out. The same thing applies to a baker who refuses to write something on a cake, again, regardless of the content. It’s Payback Time for Uncle Sam! Thousands of Americans are cashing in on a little-known loophole to pocket an extra $5,794, $11,060, and even $16,281… And all at the expense of the U.S. government! It’s completely legal, too. [Click here to discover the details now!]( Free speech protections have been recently thrust into the spotlight with Facebook’s ban on Alex Jones and InfoWars. But let me ask you this: Would you really want the government to restrict private companies like Facebook from limiting speech? Myth #2: Free speech is absolute Another major misconception about the freedom of speech clause in the First Amendment is that free speech is absolute. It's not. Scholars have identified nine different categories of speech that are not protected under the First Amendment. They are: - Perjury - Blackmail - Incitement or solicitation of a crime - True threats - Plagiarism - Obscenity - “Fighting words” - Slander, libel, or defamation - Child pornography The government has the authority to restrict, and even prosecute, any of these offenses. Of course, some of these can fall into gray areas. And the courts have spent years trying to define things like obscenity. Among these categories, incitement is particularly a problem today. What counts as incitement? What will incite someone else may not incite me. A great example of this is the actions of the Westboro Baptist Church, who protest military funerals with signs like “God Hates America” and “God Hates Vets.” If you’ve read one page, you know the God of the Bible doesn’t “hate” anything. To me, this is very clearly incitement. The tactic is to provoke any mentally unstable military individuals into confrontation, then sue them for damages. This is very obviously the Westboro Baptist Church’s plan, seeing as they spend more time in court than they do in church. Of course, the courts have disagreed with me and still allow the organization to operate. What incitement really boils down to is the intent of the speaker. If the intent of the speaker is to provoke or incite someone else into committing a crime, the government has the duty to step in and censor that speech. Unfortunately, however, only the individual ultimately knows his own motives. [75-Cent Miner to Surge 10,000% on Critical Announcement]( In the next few months, a critical announcement will reveal the biggest gold mine in America. And send the 75-cent miner that owns it surging for no less than 10,000% gains. For reasons you’ll see, its real gold windfall has been kept hidden from the public. But that’s about to change. You need to position yourself immediately. Click here for the full story.]( The problem is some people are not as dumb as they try to act. I think it's clear there are many people who are, in fact, trying to incite others into violence or crime while hiding behind the First Amendment. And they know exactly what to say and what not to say. If incitement is a speed limit of 60 mph, there are people trying to take their speech to 59.9999 mph. You know you can't (or shouldn't) yell “bomb” in an airport or “fire” in a crowded movie theater. And I think you’re smart enough to understand why. As the nation spirals deeper into the free speech debate, I think it’s likely we’ll see lawyers continue to blur the lines between what is and what is not protected under the First Amendment. For you and me, however, it’s most often better to keep our mouths shut to avoid problems. Just remember: Abstinence is not agreement. Just because you abstain from arguing against a position doesn’t mean you agree with it. In short, you don’t have to argue to disagree. Until next time, [luke signature] Luke Burgess [[follow basic]@Lukemburgess on Twitter]( As an editor at [Energy and Capital](, Luke’s analysis and market research reaches hundreds of thousands of investors every day. Luke is also the investment director of Angel Publishing’s new Secret Stock Files newsletter, which helps investors leverage the future supply/demand imbalance that he believes could be key to a cyclical upswing in the hard asset markets. For more on Luke, go to his [editor’s page](. Enjoy reading this article? [Click here]( to like it and receive similar articles to read! Browse Our Archives [Oil Price Outlook 2H 2018]( [The Win-Win Oil Stocks for Investors Today]( [Time to Buy Fuel Cell Stocks]( [Bombs Over Venezuela]( [Do You Have Enough to Retire?]( Related Articles [Iran Oil Embargo: What Investors Need to Know Now]( [Do You Have Enough to Retire?]( [The Win-Win Oil Stocks for Investors Today]( [Oil Price Outlook 2H 2018]( --------------------------------------------------------------- This email was sent to {EMAIL}. It is not our intention to send email to anyone who doesn't want it. If you're not sure why you've received this e-letter, or no longer wish to receive it, you may [unsubscribe here](, and view our privacy policy and information on how to manage your subscription. To ensure that you receive future issues of Energy and Capital, please add newsletter@energyandcapital.com to your address book or whitelist within your spam settings. For customer service questions or issues, please contact us for assistance. [Energy and Capital](, Copyright © 2018, [Angel Publishing LLC](. All rights reserved. 111 Market Place #720 Baltimore, MD 21202. The content of this site may not be redistributed without the express written consent of Angel Publishing. Individual editorials, articles and essays appearing on this site may be republished, but only with full attribution of both the author and Energy and Capital as well as a link to www.energyandcapital.com. Your privacy is important to us -- we will never rent or sell your e-mail or personal information. Please read our [Privacy Policy](. No statement or expression of opinion, or any other matter herein, directly or indirectly, is an offer or the solicitation of an offer to buy or sell the securities or financial instruments mentioned. While we believe the sources of information to be reliable, we in no way represent or guarantee the accuracy of the statements made herein. [Energy and Capital]( does not provide individual investment counseling, act as an investment advisor, or individually advocate the purchase or sale of any security or investment. The publisher, editors and consultants of Angel Publishing may actively trade in the investments discussed in this publication. They may have substantial positions in the securities recommended and may increase or decrease such positions without notice. Neither the publisher nor the editors are registered investment advisors. Subscribers should not view this publication as offering personalized legal or investment counseling. Investments recommended in this publication should be made only after consulting with your investment advisor and only after reviewing the prospectus or financial statements of the company in question.