As writers, we deal with
words. After all, the pen is mightier than the sword, as Edward George
Bulwer-Lytton said. So why do we care if the First Amendment applies to actions?
Because words aren’t
always enough. Sometimes actions say it more powerfully.
It’s 1984, and you want
to protest the policies of the Reagan administration. You could write a letter
to your Congresswoman, but will she read it? Or you could write an article, but
what if every magazine you submit it to rejects it?
There has to be some way
to get the administration’s attention.
Then someone suggests
burning the American flag. Unfortunately, the law says that’s a crime.
You do it anyway and get
arrested. The case goes all the way to the Supreme Court—and you win! When
action is a form of expression, it is protected by the First Amendment. (See Texas v. Johnson, 491 U.S. 397 (1989)
and U.S. v. Eichman, 496 U.S. 310
(1990).)
Of course, the government
can still regulate the time, place, and manner of the expression. (See my March 27, 2014 post.) But it can’t regulate the expression
itself.
The pen may be mightier
than the sword, but actions do speak louder than words.
Still, you’re a writer,
not a protester. You want to know how the First Amendment applies to the words
you put on paper.
Stay tune for next month’s
post on freedom of the press.
__________
Kathryn Page Camp is a
licensed attorney and full-time writer. Her most recent book, Writers in Wonderland: Keeping Your Words
Legal (KP/PK Publishing 2013), is a Kirkus’
Indie Books of the Month Selection. Kathryn is also the author of In God We Trust: How the Supreme Court’s
First Amendment Decisions Affect Organized Religion (FaithWalk Publishing
2006) and numerous articles. You can learn more about Kathryn at
www.kathrynpagecamp.com.
I'd say with bated breath, but I can't hold it that long, Kathryn. And I fear in our lifetime our act of writing may very well be protesting.
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