Values of Free Expression

 

Reflecting on the 8 values of free expression, I found that individual Self-Fulfillment, Promote Tolerance, and Promote Innovation stood out the most to me. I consider these values among the most important. 

C. Edwin Baker

The theory of individual Self-Fulfillment is being able to create one's identity. This theory is considered "the marketplace for ideas" by intertwining human autonomy and dignity; this forms a tight bond, giving a person the ability to create a safe space for self-expression. In Procunier v. Martinez, the Court justified protecting speech. This protects the value of speech conduct to the individual. We still see this theory today, where people leave their jobs to fulfill a dream. As Professor C. Edwin Baker stated, ‘‘Speech is protected not as a means of a collective good but because of the value of speech conduct to the individual.’’ 

Some of the benefits of the theory of individual self-fulfillment: The ability to monitor your emotions, Complete freedom, Improved focus and concentration, Increased confidence, self-awareness, self-esteem, and more.

Lee C. Bollinger

Another value that stood out to me was tolerance; this value is at the top of my list of importance. In Lee Bollinger’s book The Tolerant Society, it is stated that protecting extremist speech acts as an exercise of self-restraint that strengthens society by teaching us how to control our intolerance. Some of these core ideas are the Self-Restraint Model and A Teaching Ritual.  The Self-Restraint Model is a way to hold back the urge to punish others, not just to find out the truth, but to understand the other party's viewpoints.  This model also includes consciously suspending immediate negative judgments and managing emotional impulses when encountering unpleasant views or outgroup beliefs.

In the case of Snyder v. Phelps, members of the Westboro Baptist Church by the military funeral of Marine Matthew Snyder, displayed highly offensive signs to publicize their views that U.S. military deaths are a fine punishment for the tolerance of homosexuality. The Supreme Court protected the church's right to express its viewpoints. This case highlights Lee C. Bollinger's theory of the tolerant society because of the strong emphasis on the importance of protecting freedom of speech, especially when the ideas being expressed are unpopular or offensive. Bollinger believes that allowing people to express controversial opinions is important because it strengthens society’s ability to tolerate different viewpoints. 

Jack M. Balkin

To promote innovation is a value that I not only found important, but it is also one that I found I connected with the most. Free speech is valued and protected, and is likely to be a more energized, creative, interesting society as citizens actively fulfill themselves in many ways. Jack Balkin argues that originality and living by the Constitution are harmonious. Balkin speaks heavily of "constitutional redemption", the idea ours innovation are more likely to succeed because we have the tools to express creative freedom. This idea shows how the Constitution can continue to develop as society changes, rather than remaining limited to the ideas and technology that existed when it was originally written. Constitutional redemption allows people to use their creativity and freedom to create new ideas while still working within the principles of the Constitution. In this way, innovation can help society move forward while also staying connected to the values that the Constitution was created to protect.

I connect with this value of expression because being a dancer has been an important part of my life. Dance has given me a way to express my creativity and emotions without needing to use words. Every dancer has their own style and way of expressing themselves, which is what makes dance so unique. Being able to create new movements and try different ways of performing has shown me how important creativity and innovation can be. Dance is constantly changing, and dancers are able to take ideas that already exist and turn them into something new. In the same way, promoting innovation allows people to use their own creativity and ideas to contribute something different to society. My experience with dance has helped me understand why having the freedom to create and express yourself is so important.

Vincent Blasi

Recently, I've noticed a rise in the fifth value of expression, which is check on Governmental Power. This value is foundational to the theory positing that free expression is vital because it prevents the abuse of official power by government officials. The Checking Value in First Amendment Theory by Vincent Blasi