Protect Dissent :

<p>

Freedom of Speech is a concept outlined in the United States' First Amendment, a term often used in American Society. This amendment protects American Citizens against the government violating personal constitutional rights. The First Amendment of the Constitution protects the citizens of America, regardless of background, knowledge, culture, or lifestyle.  

<p> 

The eight theories of free speech focus on the core values of the United States First Amendment and highlight the importance of advocacy, government support, and protection. The theory that resonated with me is Protect Dissent, which emphasizes the importance of advocacy in light of government and or political injustice. This theory is necessary to the culture of the United States because it gives citizens a voice to use their moral knowledge and skills to examine whether the United States' Governing system is ethical and inclusive.  

<p> 

Steve Shiffrin, a professor of law at Cornell University, novel "Dissent, Injustice, and the Meanings of America”, building on the First Amendment right to freedom of speech, Shiffrin encourages dissent opposed to tolerating the theory for American Citizens. Shiffron argues toward unconventional and controversial approaches such as “ flag burning, cigarette advertising, racist speech, and subsidizing the arts…” as core protests that would protect American Speech. He proposes open opportunities for Americans to challenge the imperfect political system and provide support for citizens who fight for an equal government in which justice is attained. Shiffrin's approach is to create more accessible and efficient defamation laws to protect the voices and opinions of American Citizens. By providing a safe, reform-based approach to the First Amendment, it highlights the key value of free speech.  

<p> 

Plessy vs. Ferguson, a popular Supreme Court case, is a prime example of protective dissent. This case occurred in 1892, when Louisiana enacted the Separate Car Act. Plessy was arrested after refusing to leave the “white only” section on the train. Plessy argued that the Separate Car Act was a violation of his Thirteenth and Fourteenth Amendment rights. The case was a 7-1 opinion in favor of Furguson and convinced Plessy. 

<p> 

The court affirmed the common misconception underlying the Separate Car Act and the meaning of “separate but equal.” The Court ruled in favor of Plessy, but the one Supreme Court justice who argued for Plessy, John Harlan, said,“Our Constitution is colorblind.” This statement is a direct example of protective dissent, highlighting the Supreme Court justices' statement in defense of Plessy, a marginalized voice who was convicted due to his race. Harlan opposed the injustice inflicted on Plessy, challenging a failure in the government’s system. 

<p> 

The case Plessy v. Ferguson and Harlan's dissenting argument outline the key idea of Protective Dissent and further emphasize it. Shiffrin’s novel connects not only this example but a plethora of cases to recognize the citizens who have fallen victim to the failures of the legislation. This theory provides context for American advocacy and efforts to protect the rights promised by the First Amendment for the greater good of an equal society that challenges the imperfections of the American Court System, Constitution, and Legislature.