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Missouri Attorney General鈥檚 commencement speech addresses importance of the First Amendment

Last week at the University of Missouri, Kansas City鈥檚 law school commencement, Attorney General Eric Schmitt gave a to a crowded theatre of graduating students. What started off as a history lesson of sorts quickly helped provide a framework for the First Amendment鈥檚 place in the United States.

Early in his speech, Schmitt helpfully contextualized that Americans were made painfully aware of the dangers of prohibited speech early in our nation鈥檚 history. Specifically, 鈥渕ore than 1,200 times before 1700, the British prosecuted and punished Americans for what they called 鈥榮editious speech,鈥欌 Schmitt said. These were among the 鈥渓ong train of abuses鈥 described by the colonists that helped fuel the American Revolution, ultimately leading the Founders to proclaim in the Declaration of Independence that 鈥渁ll men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness.鈥

Drawing on the historical connection between the Declaration and the Constitution, Schmitt linked our 鈥渁bility to pursue happiness to our ability to fight for what we believe in.鈥 A pillar of our society鈥檚 success is, from the Attorney General鈥檚 perspective, a direct result of our constitutional safeguard of expressive rights鈥攖he very vehicle that makes space for persuasion and for people to hold their own beliefs. He noted that James Madison never advocated for the establishment of the First Amendment to give people rights, but explicitly to reinforce that the government would never infringe 鈥渦pon rights the people already had.鈥 This represented the Founders鈥 doubling down on the 鈥渇irst freedoms鈥 of religion, speech, press, assembly, and petition as foundational for human expression.

Nowhere is the significance of the First Amendment seen more clearly than in the stark contrast to other nations. Schmitt detailed how China, Russia, Venezuela, and Iran routinely harm the dignity of their citizens and their ability to flourish by suppressing a large part of what it means to be human: namely, to have the ability to engage in meaningful expression.

Juxtaposing that snapshot of state censorship and oppression with the American ideal of solving disputes through courts or our politics, the First Amendment looks pretty nice. But Schmitt pointed out what we see at FIREeveryday 鈥 that the First Amendment faces unique threats of its own and few places is that more pronounced than on today鈥檚 college campuses.

Graduates were reminded that 鈥渉istoric movements, major policy changes, and shifts in attitudes have all been spurred by important discussions held and argued on college campuses.鈥 This fact pattern has continued to reaffirm the view the Supreme Court powerfully articulated in Healy v. James, that 鈥渢he vigilant protection of constitutional freedoms is nowhere more vital than in the community of American schools.鈥

Schmitt catalogued a variety of ways in which censorship is occuring in the modern day United States. For example, he lamented the data showing that staggering numbers of young people believe the First Amendment 鈥済oes too far,鈥 or that 鈥渋f the speech is offensive enough violence is justified.鈥 He also observed the push for so-called 鈥渉ate speech鈥 restrictions, even though most of the speech that would be governed under such policy 鈥 though deeply offensive at times 鈥 is constitutionally protected. On campus, he pointed out that this hostility to the value of free speech often manifests itself in speaker disinvitations, shoutdowns, and sometimes even riots.

Most graduates don鈥檛 remember much about their commencement speaker. This is probably because most commencement addresses offer little more than general professional advice, an inspirational story, or a call to adulthood. These UMKC law graduates instead were served well with lasting insight on the relationship between the First Amendment and our ability to lead free lives. FIREapplauds Attorney General Schmitt for this excellent overview on the importance of the First Amendment and for his challenge to preserve the beating heart of the Constitution on our college campuses.

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