George Carlin, a warrior for the First Amendment who exercised his right to free speech even after being arrested for it, .
In his landmark comedy routine, Carlin reminded everyone of the arbitrariness of government censorship:
There are some people that aren't into all the words. There are some people who would have you not use certain words. Yeah, there are 400,000 words in the English language, and there are seven of them that you can't say on television. What a ratio that is. 399,993 to seven. They must really be bad. They'd have to be outrageous, to be separated from a group that large. All of you over here, you seven. Bad words. That's what they told us they were, remember? 'That's a bad word.' 'Awwww.' There are no bad words. Bad thoughts. Bad intentions.
That routine landed in the Supreme Court in the 1970s. The station was censured and fined by the FCC for airing Carlin’s bit, and the , ruling that “of all forms of communication, broadcasting has the most limited First Amendment protection.”
Carlin was arrested for violating obscenity laws when he performed the routine live in 1972; the charges were later dropped on free speech grounds.
Today’s comedians, radio show hosts and television shows owe so much to Carlin’s groundbreaking work. But while we’ve come a long way since the '70s, there is still plenty of work to be done. Attempts to censor protected speech arise every day.
A new Oregon law threatens booksellers, librarians, community-based organizations, health-care providers, parents and other family members with serious consequences for providing materials that are deemed "sexually explicit" to a minor (including books like It's Perfectly Normal, a sex education book widely regarded as among the best available).
The FCC is attempting to crack down on the broadcast of “fleeting expletives”, leveraging large fines against broadcasting companies for use of even isolated profanities aired on their stations. The Supreme Court will hear an appeal in FCC v. Fox Television Stations, et al. after a lower court found the FCC failed to provide adequate justification for its regulations.
And the federal government continues its attempts to censor protected speech online with the so-called “Child Online Protection Act,” which would impose draconian criminal sanctions, with penalties of up to $50,000 per day and up to six months imprisonment, for online material acknowledged as protected by the First Amendment for adults, but deemed "harmful to minors."
There will always be speech that is deemed offensive to some, and that is exactly why we must fight to protect free speech for all. Honor George Carlin and all the other free speech warriors out there by standing up for the First Amendment and the right of all people to speak their mind.
You can . But I should probably warn you that, unless you’re lucky enough to work for the ACLU, it’s not “safe for work.”
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Press ReleaseDec 2024
Free Speech
National Security
ACLU and Partners Urge Supreme Court to Block TikTok BanACLU and Partners Urge Supreme Court to Block TikTok Ban
WASHINGTON — Today, the American Civil Liberties Union, the Electronic Frontier Foundation (EFF), and the Knight First Amendment Institute at Columbia University filed an amicus brief urging the Supreme Court to block the enforcement of a law that would effectively ban people in America from using TikTok as soon as January 19, 2025. Earlier this month, the U.S. Court of Appeals for the D.C. Circuit rejected TikTok’s challenge to the law. TikTok has asked the Supreme Court for a temporary injunction to prevent the app from being banned while the court considers whether to take the case, saying that unless the justices intervene, the law will “shutter one of America’s most popular speech platforms the day before a presidential inauguration.” “The Constitution imposes an extraordinarily high bar on this kind of mass censorship,”said Patrick Toomey, deputy director of ACLU’s National Security Project. “The Supreme Court should take up this important case and protect the rights of millions of Americans to freely express themselves and engage with others around the world.” The brief argues that the D.C. Circuit failed to fully address the law’s profound implications for the First Amendment rights of the 170 million Americans who use TikTok. While the lower court’s decision correctly recognized that the statute triggers First Amendment scrutiny, it barely addressed users’ First Amendment interests in speaking, sharing, and receiving information on the platform. The court also perplexingly attempted to cast the government’s ban on TikTok as a vindication of users’ First Amendment rights, which it is not. The rights groups also explain that the law was intended to suppress certain content and viewpoints that many legislators believe could be amplified on TikTok, including the risk of foreign “propaganda.” But under the First Amendment, the government must meet a very high bar to restrict speech based on concerns about its “motivating ideology” or “perspective,” and the government has not come close to meeting that bar here. “The government should not be able to restrict speech, especially to the extent here, based on guessing about the mere possibility of uncertain future harm,” said David Greene, civil liberties director at EFF. “The Supreme Court should put the TikTok ban on hold while it considers the DC Circuit’s erroneous ruling.” Finally, the brief underscores that the government can’t impose this type of sweeping ban unless it’s necessary to prevent extremely serious and imminent harm to national security. But the government has not provided evidence of impending harm, or evidence that banning TikTok is the only available way to address its concerns. As the brief explains, the D.C. Circuit improperly treated the government’s invocation of “national security” as a trump card and failed to hold the government to its burden. “Restricting citizens’ access to foreign media is a practice that has long been associated with repressive regimes, and we should be very wary of letting the practice take root here,” said Jameel Jaffer, executive director at the Knight First Amendment Institute at Columbia University. “It would do lasting damage to the First Amendment and our democracy if the Supreme Court let this ban go into effect even temporarily.” You can find the brief online here: https://www.supremecourt.gov/DocketPDF/24/24A587/335380/20241217144322392_24A587%20TikTok%20v%20Garland%20Amicus%20Brief%20pdfa.pdf -
MississippiJul 2024
Free Speech
Privacy & Technology
NetChoice v. FitchNetChoice v. Fitch
Whether a law that mandates age verification for all users of social media services violates the First Amendment. -
News & CommentaryDec 2024
Free Speech
Can you define pornography? Neither can the government.Can you define pornography? Neither can the government.
We break down the absurd-but-true history of trying to censor sexual speech under the guise of "keeping kids safe." -
Minnesota Supreme CourtNov 2024
Free Speech
Energy Transfer LP v. Greenpeace International, Unicorn RiotEnergy Transfer LP v. Greenpeace International, Unicorn Riot
This case in the Minnesota Supreme Court asks whether the MFFIA's protections apply to newsgatherers even if they are alleged to have engaged in trespassing while newsgathering. The ACLU’s State Supreme Court Initiative, alongside the ACLU of Minnesota and law firm Biersdorf & Associations, filed a brief representing Unicorn Riot, a media organization that covered protests of the Dakota Access Pipeline. The brief argues that MFFIA and constitutional reporter’s privileges, under both the U.S. and Minnesota constitutions, protect Unicorn Riot from having to comply with Energy Transfer’s subpoenas.