Freedom of Speech: What Can You Say?
Many people pride themselves on being free speech champions. Institutions of higher learning consider themselves to be bastions of free speech. And yet, in the current cultural and political environment, freedom of speech appears to be an illusion. This was true before the horrific September 10, 2025 murder of conservative activist Charlie Kirk. It is especially true after Kirk’s passing.
To be clear, some people have unquestionably made insensitive and inappropriate comments. In the aftermath of a horrific crisis, the first response should be compassion, not critique. We do ourselves no favors by jumping into an emotional melee with condemnation. If one does not share the sentiments of those grieving, it is wise to consider abstaining from comment altogether.
My concern, however, is that some leaders appear to be using the moment as pretext to usher in a wave of restrictions on people and entities who aren’t aligned with them ideologically. Although a suspect is in custody, the demand for vengeance is unyielding.
Some conservative influencers and political commentators have promised to expose anyone posting derisively about Kirk. For instance, the Associated Press reported that conservative activist Laura Loomer vowed to “try to ruin the professional aspirations of anyone who celebrated Kirk’s death.” There is a difference between celebrating a person’s demise and discussing the person’s record while they lived. Anyone who does the former (or possibly the latter) risks personal and professional backlash. Is this what we’d expect in a democracy, where free speech is presumed?
There are consequences to what you say.
With this as context, one might rightly ask, ‘do Americans enjoy First Amendment rights?’ Can people say what they want, when they want? The short answer is no.
If this moment has taught us anything, it is that there are consequences to what we say and what we post. While nice in theory, freedom of speech isn’t guaranteed in all circumstances.
Everyone should appreciate that what you say in your private life, including on personal social media accounts, can carry a hefty professional penalty. If you are employed, have contracts with broadcast networks or academic institutions, your comments could come at a cost. Further, many companies are at-will employers, meaning they can terminate personnel with or without cause. I think a lot of people are wondering, however, where is the line between expressing an opinion and being penalized for a difference of opinion.
Cancel culture on steroids.
It’s important we realize that freedom of speech is greatly influenced by who is interpreting the law and by who is in political power. In the current political climate, there appears to be little tolerance for differences of opinion. We see this via online platforms, where a person can be harassed, doxed or otherwise penalized for voicing their opinion.
This isn’t my sentiment alone. The Foundation for Individual Rights and Expression (FIRE) recently released their 6th annual College Speech report card. Its findings are unsurprising: a majority of the schools in the United States received an F for their free speech culture. “Students of every political persuasion show a deep unwillingness to encounter controversial ideas,” according to a FIRE press release. The FIRE survey ranked 257 schools and reviewed 68,510 student responses.
Power and privilege
Historically, freedom of speech has always been granted to those with privilege and power. It’s always been subject to the preferences and the whims of the powerful. In today’s context, those who are closely aligned with the administration may have greater latitude to voice their opinions without fear of reprisal. Others do not.
Is this a contradiction?
It’s quite interesting because Kirk himself was a champion of freedom of speech. He traveled to college campuses and shared his beliefs, regardless of how popular or unpopular they may have been. It is ironic that the legacy of the person who championed free speech is being used to undermine it.
In sum, public comments have always involved an element of risk, especially for the highly visible. Those with power have been able to better manage that risk. The vast majority of people cannot expect to say whatever they want without understanding the risks inherent in doing so.
Jennifer R. Farmer, aka The PR Whisperer®, is the principal of Spotlight PR LLC. Be sure to check out other blogs and subscribe for regular communications updates.