Persistent Myths II: The First Amendment Protects All Speech

The First Amendment Protects All Speech

 The younger Sen. Lafallotte speaks in favor of the court packing plan, the fellow on the left looks like he wishes Lafollette would shut up.

Another one is that when a private journal of any kind, say a newspaper, radio, etc., chooses not to broadcast or publish something, it's interfering with "your right to free speech."  There's no absolute right to say anything you want. Rather, the government can't stop your from saying what you want.  Regular people don't have to put up with whatever you're saying, and if  they choose to shut you up, that's their right.

What the First Amendment actually states is:

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.

That's a pretty simple text. Congress can't pass a law abridging the freedom of speech.  By extension, the states can't either. But the newspaper isn't the government, and it can sure choose to ignore you.

I recently ran into this in the context of a private organization in which one vocal dissenter felt that that his failure to get his way from the organizations board violated his freedom of speech. Nope.  A private board is perfectly free to completely ignore you.

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