I say
this is a mistaken understanding of American
government. Government was never instituted to be a master over
the people. Government was instituted to vouchsafe the rights of
the people; the government has no
rights,
only obligations.
Firstly, Abraham Lincoln said at Gettysburg that the Union fought the
war so "
that a government of the people, by the people, for the people shall not
perish from the earth". Therefore, if we postulate that
our government is indeed
of the people,
then government, as an entity, has no speech it's own; the
people's speech
is
the government's speech.
Secondly, United States Supreme Court Justice Salmon P. Chase said, in
1865, concerning the arrest of Jefferson Davis: "
His
arrest was a mistake. His trial would be an even bigger
one. We cannot convict him of treason, for by the Constitution secession is not treason."
Treason,
by definition, is an attempt by an armed faction to overthrow the
current government and replace it with one of their own liking.
But the
South did not wish to overthrow the government in Washington,
D.C. It simply wished to leave the union, form it's own
government, and live together peacefully with the United States.
The North would have been wise to say to the thirteen states in
rebellion, "
If you no longer
wish to live in the same house with us, then go in peace, and may we
both become great nations."
Thirdly, it is said by some that this statue is "offensive to some
people". Supreme Court Justice Antony Scalia said, “
when government bans certain conduct
precisely because of its communicative attributes, that regulation is
unconstitutional." I believe Chief Justice Warren Berger
said it best in Cohen V. California (1971) when he said, "
One man's vulgarity is another man's poetry".
In America, even offensive speech is protected speech under our
Constitution
until it conveys what our judiciary calls "fighting words".
I titled the above photo "
America"
because to me it conveys the concept
that two people, even two people with opposing viewpoints, can coexist
peacefully together and respect one another's rights in America.
I may not agree with my friends message on his sign, but I will defend
his Constitutional right to stand in public peacefully and hold
it. To do otherwise would make me a traitor to my oath.
If a protestor can burn America's flag and call it "Constitutionally
protected free speech" (Texas v. Johnson, 1989) then he can walk past
an inanimate Confederate statue and understand that is Constitutionally
protected
free speech as well. The fact that someone is offended is of no
consequence under the law. The U.S. Constitution is not
constrained by emotions.
I,
______, do solemnly swear that I will support and defend the
Constitution of the United States against all enemies, foreign and
domestic; that I will bear true faith and allegiance to the same... So
help me God."
~ Raleigh NC, 1988
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