Andrew P. Napolitano
March 15, 2012
The First Amendment to the Constitution prohibits the government from infringing upon the freedom of speech, the freedom of association and the freedom to petition the government for a redress of grievances. Speech is language and other forms of expression; and association and petition connote physical presence in reasonable proximity to those of like mind and to government officials, so as to make your opinions known to them.
The Declaration of Independence recognizes all three freedoms as stemming from our humanity. So, what happens if you can speak freely, but the government officials at whom your speech is aimed refuse to hear you? And what happens if your right to associate and to petition the government is confined to areas where those of like mind and the government are not present? This is coming to a street corner near you.
Certain rights, like thought and privacy and travel, can be exercised on their own. You don’t need the government to cooperate with you; you just need to be left alone. Other rights, like those intended to influence the political process, require that the government not resist your exercise of them. Remember the old one-liner from Philosophy 101: If a tree falls in a forest and no one is there, does it make any noise? Here’s the contemporary version of that: If you can criticize the government, but it refuses to hear you, does your exercise of the freedom of speech have any value?