Revise: IV.2 Freedom of Expression
Recommended by a vote of 9 to 2
Summary
This rewrite is more organized, and reduces the size of the plank by condensing/simplifying/combining some of the existing points, while also adding some new points. It begins with a general statement that government should not restrict or compel expression, followed by lists showing how these principles apply to various forms of expression.Text Showing Revisions
While we do not advocate the desecration of the national or state flag, we oppose any laws prohibiting the desecration of any flag and we oppose any constitutional amendment giving federal, state or local government the power to enact such laws. However, we do support the property rights of flag owners.The United States Supreme Court has held that each community has the power to censor distribution of materials considered to be obscene according to "community standards." We hold that obscenity is a matter of individual taste and that government should not prohibit something merely because some people are offended by it.
We support the repeal of all laws restricting or controlling the right of adults to make, distribute, possess or view sexually explicit motion pictures, publications and other materials. We also support the repeal of all laws prohibiting the electronic receipt of such materials.
We oppose the policy of relegating protesters and demonstrators to so-called free speech zones purportedly for security reasons but which in reality are actually used to insulate officials from criticism.
We deplore the practice of government invasion of newsrooms, or the premises of any other non-suspect third parties, such as lawyers, doctors and psychiatrists, in the name of law enforcement.
We condemn court orders prohibiting press and electronic media coverage of criminal proceedings. In addition, the media should not be prohibited from communicating with prisoners, without due process.
We support the complete deregulation of television, radio, cable, the Internet and all other forms of communication. Because freedom of speech, association and thought are essential, the right of the people to use communications networks, such as blockchain, shall not be infringed.
Since we favor application of the First Amendment to public entities, while upholding the right of private enterprises to make their own rules governing their own property, we oppose the enactment – at colleges and universities that are primarily tax-funded – of speech codes that ban language that is deemed offensive or policies which prevent students from hearing views that are unpopular.
Government proposals to finance and control political campaigns are an encroachment upon freedom of expression. These proposals limit financial support of campaigns for candidates or issues, and thus restrict the individual's ability to express political views.
We oppose any government action that permits political activities in violation of private property rights, such as the circulation of petitions in private shopping malls against the wishes of the owners.
People have the right to express themselves in any way that they choose, without government censorship or regulation, as long as their act of expression is not a direct initiation of force. This includes cases where the public finds such expression offensive or obscene. Furthermore, the government should never compel expression in a way that it deems is a moral imperative.
Specifically, we support:
A. open debate or expression in a "marketplace of ideas,"
B. the right of private spaces and platforms to prohibit subjectively offensive material,
C. the deregulation of television, radio, cable, the internet, blockchain, and all other forms of communication,
D. the right of suspects, defendants, and convicted criminals to open criminal proceedings and communication with the media,
and we oppose:
A. the use of political violence and vandalism, including at protests,
B. interference or intimidation by government in news media, such as by prosecuting whistleblowers, suing journalists, discrediting the media, or raiding newsrooms,
C. speech codes, dress codes, clothing mandates, and other policies that restrict discussion of ideas in public spaces or at public colleges and universities, or limit such expression to "free speech zones" or other designated areas,
D. restrictions of the right of adults to make, distribute, possess or view sexually explicit material,
E. bans on flag burning and mandates to salute a flag,
F. mandates to conceal beliefs or profess any religion,
G. requirements that property owners post material or allow others to use their property as a venue for expressing views, and
H. regulations that limit the content or financial support of political campaigns.