The First Amendment to our Constitution reads, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
On this day in 1988, this got put to the supreme test – Rev. Jerry Falwell’s case against porn producer Larry Flynt was decided by the Supreme Court.
Last year on this day, I wrote more details concerning this. In summary, Flynt had published a vulgar cartoon in Hustler against Rev. Falwell, depicting Falwell participating in some of the vilest of sins. The Supreme Court hid behind the First Amendment and while they said that the cartoon was in poor taste, they would not go so far as to say that Flynt had broken the law.
The First Amendment “was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights.”1 “The Free Speech Clause went through several iterations before it was adopted as part of the First Amendment. James Madison drafted an initial version of the speech and press clauses that was introduced in the House of Representatives on June 8, 1789. Madison’s draft provided: The people shall not be deprived or abridged of their right to speak, to write, or to publish their sentiments; and the freedom of the press, as one of the great bulwarks of liberty, shall be inviolable. The House of Representatives special committee rewrote Madison’s language to make the speech and press clauses read: The freedom of speech and of the press, and the right of the people peaceably to assemble and consult for their common good, and to apply to the government for redress of grievances, shall not be infringed. The Senate subsequently rewrote the speech and press clauses to read: That Congress shall make no law abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and consult for their common good, and to petition the government for a redress of grievances. Later, the Senate combined the religion clauses and the speech and press clauses4 and the House and Senate agreed to final language in conference.”2
Personally, I do not believe the amendment was intended to protect vulgarity, obscenities, or things like pornography. The spirit of the Constitution and this amendment dealt with the free expression of disagreement concerning political positions, parties, and their leaders.
As Christians, we must be careful with this. While we are Americans, that allegiance should be secondary to being Christians and our adherence to the Word of God.
In 2 Peter 2:9-11, we read, “The Lord knoweth how to deliver the godly out of temptations, and to reserve the unjust unto the day of judgment to be punished: (10) But chiefly them that walk after the flesh in the lust of uncleanness, and despise government. Presumptuous are they, selfwilled, they are not afraid to speak evil of dignities. (11) Whereas angels, which are greater in power and might, bring not railing accusation against them before the Lord.” Jude 1:8 says, “Likewise also these filthy dreamers defile the flesh, despise dominion, and speak evil of dignities.”
Of the word dignities, The Believer’s Bible Commentary writes: “(Greek: “glories” or “glorious ones”). This is a general term that could include all those, whether angels or men, who have been vested with governmental authority by God. Here it probably means human rulers.” Other commentators believe this applies only to angels, whether fallen or not. Either way, both verses talk about despising government, an authority ordained by God. (Romans 13)
Yes, we have a right to disagree, especially when man’s law crosses God’s. We can disagree but we cannot be disparaging towards those in authority. In fact, we don’t have the right to be that way towards anyone!!
The election and politics are heating up. It’s very easy to get caught up and carried away with the wrangling and rhetoric. Resist that urge, dear believer. Be careful what you say and how you say it. Your testimony is depending on it!
p.s. https://constitution.congress.gov/ is an amazing and interesting website if you love history and historical documents. The documents are annotated, giving explanations as to why certain laws were worded the way they were.
1https://en.wikipedia.org/wiki/First_Amendment_to_the_United_States_Constitution
2https://constitution.congress.gov/browse/essay/amdt1-7-1/ALDE_00013537/