MY INTERPRETATION OF THE FIRST AMENDMENT

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 Some people are calling my recent post on Facebook regarding the censorship of foul language as being a violation of their 1st Amendment rights. In my opinion people do not have a proper understanding of what the 1st Amendment really means. My job as a mall security officer requires me to enforce mall rules regarding the language that is written on tee shirts and other clothing. For example people are not allowed to wear a tee shirt with the F word or any other profane words on them. You can buy these shirts and hats all day long in Spencers but you can't wear them out of the store. If you are a parent shopping with your children and you prefer not to shop at Spencers because, you don't want your children seeing those words, you should not have to encounter them in the common area of the mall. Our mall policy is that we want to keep a family friendly environment. This is why mall management enforces a dress code. They can do that because the mall is private property. 

 Private property rights will generally always prevail in court. I know because I have been called to court several times regarding private property rights vs.1st Amendment rights. Where the 1st Amendment right plays into this argument is that as long as you comply with the property owners wishes you will not be arrested or charged with a crime. If you don't comply you will be charged with criminal trespass, which has nothing to do with your 1st Amendment right. It is my understanding that the city of Murfreesboro also has a city ordinance against this type of clothing. If someone complains on you the police could make you remove it. As far as someone wearing a controversial tee shirt that has a Confederate flag on it or has something like I hate Jesus, or I hate Mohammad, you are allowed to wear it as long as it does not cause a problem. For example causing an argument, violence or disruption. 

 The recent controversy over kneeling during the National Anthem is another good example. The NFL had every right to demand that their players be on the field and show the proper respect during the playing or singing of the National Anthem. The NFL is a business. Due to political correctness and the NFL's unwillingness to take a firm stand their business suffered. I don't know if they will ever be able to recoup their fan base to what it was prior to the kneeling episode in the NFL. As a veteran I am no longer an NFL fan for that reason. It would be the same thing if I chose to wear a controversial patch on my uniform such as a Confederate flag, a Black Lives Matters patch, or a peace symbol. My employer would have the right to tell me to remove it or I would face the disciplinary procedures. 

As far as my Facebook page I will never censor you for an opinion. Only for language which is also my 1st Amendment right. If Facebook is okay with you speaking that way then more power to you. I am not okay with it. It is my view that the Founding Fathers were not okay with it either. At this point I don't know that I could prove that by their writings but I think the 1st Amendment is directed primarily at political speech and political speech only. I do not believe that they meant to include foul language or pornography. The courts have broadened the meaning of the 1st Amendment to protect pornography but I don't recall a case that includes foul language. If you know of one please enlighten me. I have never agreed with their decision to cover pornography as free speech. The courts were never given the right of judicial review in the Constitution. John Marshall usurped that right in Marbury vs Madison,1803. 

 Should there no restrictions on free speech? Justice Oliver Wendell Holmes stated that a person should not have the right to shout fire in a crowded theater. I would expand that by asking the question, should our children be forced to learn foul language in our schools or to view pornography? Should there not be age restrictions? This question should also apply to drug use, or prostitution if these things were legalized., If you extend your arm and your fist does not reach my nose I am okay. But if you extend your arm and break my nose you have violated my rights. Under my 1st Amendment rights why should I be forced to read or listen to your foul language. Nobody is forcing me to go to your Facebook page if I don't want to.just like nobody is forcing me to walk into Spencers and buy a tee shirt with profanity on it. You choose a world where that kind of language is common. I choose a different world. Besides, I have many friends who are professed Christians and I want them to feel welcome on my page. As the old adage goes I disagree with what you say but I will defend to the death your right to say it. As long as you keep it clean.

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