Longtime readers know that I am from a libertarian background (affectionately called being ‘in the movement,’ in such families). I am the fortunate inheritor of a proud tradition. Some have asked me my thoughts on free expression in the face of hostility or opposition, and I’ll offer my perspective.
First and foremost, officials in most communities accept criticism as part of their public lives, and are consequently respectful of America’s legal and political tradition of free expression. Most places are fair and well-ordered.
Rarely, a person may live in a place where officials are disrespectful of the American guarantees of free expression. It’s unfortunate if you live in a place where public officials or officers try to intimidate and cow ordinary citizens into silence, either through the use of their office, or with the help of their idle, private supporters.
The worst cases of public officials’ attempts to shame and coerce citizens into silence for exercise of their rights happened in segregation states decades ago — but it still happens in disordered, troubled communities today.
Wherever you live, you have the right as a citizen to live out American promise of free expression. Here are some observations that you may find useful.
Know Your Tradition. No matter how knowledgeable or educated you may be, it’s always a good idea to carry with you books and documents that remind you of your tradition. Take time to read a few words each day, to remind yourself of who you are, and where you live. In my own case, I carry in my briefcase a small Bible, a book of prayer, and a copy of the U.S. Constitution. In my wallet, I carry a small plate inscribed with the Bill of Rights. I have read each fully, far more than once, but I always learn something new in reflection.
Some people may tease you when they first see that you carry these books, but if you take a moment and explain what they mean to you, you’ll be surprised how many people respond positively. In reply, they’ll tell you what matters to them. Listen carefully to what they have to say; that’s the beginning of a great conversation.
(The Bill of Rights edition that I carry is available from the Electronic Frontier Foundation, and the copy of the Constitution from the Cato Institute. Our law is more than one document, but this is its foundation.)
Know Your Rights. If you are unfortunate enough to live in a troubled, disordered place where police leaders or officials try to coerce citizens into silence, then you must review your specific rights carefully. Remember: if police or officials confront your for exercising your rights, they will be do so at a time of their choosing, their preparation, and your greatest surprise.
They do this because they are too weak or self-absorbed to respond to you on the merits of your lawful, political speech. They will try to shift the ground, to scare you into silence. They are bullies, and all bullies undertake an emotional line of attack.
If you have carefully reflected on your faith and on your political tradition, you will be better composed to face the adversaries of free speech. They may be ferocious, but you will be composed.
Maintain the Harmony of Your Home. Very rarely, a public official will disgrace himself, and violate our political tradition, by going to a citizen’s home, and trying to ‘shame,’ ‘scare,’ or ‘intimidate,’ the citizen into silence. Your political speech is a constitutional right, for which you need never be ashamed. Still, they may try to pressure or scare you.
Ask them to leave — you owe them no audience on your property. They are uninvited; send them away without discussion. They may try to cajole you into a discussion on your own doorstep. Ignore them: They are weak and detestable. If they were respectful of the American political tradition, they would have answered you through political speech. As they show no respect for our political heritage, they deserve only a reminder to leave your property.
Never Respond with Anger. It’s a garden-variety trick of bad policing, for example, to try to provoke a person to anger, and then contend that the person was violent, hostile, etc. They may say all sorts of threatening things to you (about which they will lie), but you must never respond in kind, no matter what they say. This is, of course, another reason to avoid discussions where they try to confront you on your own property: their sheer audacity and arrogance is likely to be infuriating to an ordinary person.
They understand this, and they may use it as a way to provoke you. Never respond to threats; never make threats. Stay calm, always.
Reporters. In big cities (usually) and in well-ordered places (often), reporters are well-trained, and most maintain an independent position from public officials. Sometimes in smaller places, reporters are easily manipulated, captivated, or overly-supportive of public officials. It may be that they are pressured to maintain municipal ad revenue for their small papers, told they cannot have access unless they are positive, are ‘star-struck,’ or just third rate-hacks.
It doesn’t matter — be wary of them. They will help self-interested officials before they will serve their communities.
Recordings and Photographs. Some people ask what they should do if an official confronts a citizen about political speech, and asks to photograph or tape record a conversation with a citizen. Never allow this without a lawyer present — ever. The whole idea is crazy — and an official or officer has nothing good in mind by asking for something like this.
I have been asked if a citizen should carry a camera and dictaphone with him, in case of an encounter with hostile officials. Always remember that officials who confront you for your political speech, on your property or elsewhere, never have your constitutional interests in mind. Avoid talking with them at that time, no matter how insistent they are. They must never set your agenda by ‘ambushing’ you, or insisting they ‘need to talk.’ Their supposed needs are not constitutional rights — never forget this.
Officials who are upset over political speech are in the wrong line of work; let them go see a therapist or a priest. What they ‘need’ you cannot give them, in any event.
Be careful producing either a camera or voice recorder: (1) it may encourage abusive officials to linger, and (2) they may try to take your possessions from you, in the process possibly destroying your property or injuring you. If they’re so angry that they don’t respect your speech rights, then they likely won’t respect your property rights, either.
I carry both a camera (with video capabilities) and a voice recorder, because I like to take photographs of interesting natural scenes, and because I sometimes dictate memos. (Older iPods used to have voice memo capability, but I do not think that the iPod that I have now does.) I have been in all sorts of political debates in my life, and have a knack for staying calm, but I still would not encourage others to do anything except asking officials to leave the property, or walk away.
The True Friends. Most importantly, always remember that you are never alone in our free society. There are many people, of all political views — conservatives, moderates, progressives, and libertarians — who believe in free speech just as you do.
Be happy! It’s fun to live out a citizen’s life.
Ignore people who place social connection or office ahead of principle, and make friends with those who believe in speech rights as you do. You will find that they will be among the best friends anyone could ever have.