The right to free speech is an aspect of American life that has become a staple of identity for citizens of the United States. From the first years of school, we grow up learning that we have this inalienable right given by the First Amendment of our constitution. This ideal is so ingrained in our minds that children use freedom of speech to justify yelling at instructors or to refuse instruction. However, today is a time when most people believe that the right to free speech is under assault. Both major American parties blame one another for the modern decline of free speech which has led to our society as a whole becoming more hostile. Before we can analyze the divide any further, freedom of speech needs to be defined.

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   The definitions and philosophies surrounding the freedom of speech can vary from individuals to institutions, as the First Amendment can be interpreted in a variety of different ways. The Library of Congress references the First Amendment as follows: “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.” Rights guaranteed by the First Amendment that we see in every day society include the right to advertise, protest, to not be forced to speak, and to contribute to political campaigns or movements. As there are rights defended by the constitution, certain aspects of freedom are not protected. These actions include the use of profanity, acts of obscenity, and illegal action. The problem with this definition is that what is considered profane, obscene, and illegal changes over time with society. This factor makes the boundaries of freedom of speech hard to define. Despite definition, one of the most debated ideas regarding the freedom of speech is the factor of consequence, and whether or not individuals should be protected from unwanted results of their actions. However, the only way the First Amendment can be understood is by looking at cases involving the First Amendment in our common law system.

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   Another way to understand the First Amendment better is to understand the qualities that a free society possesses, and likewise, the opposite qualities that autocratic and totalitarian governments possess. The fundamental foundation of a free society is the concepts of a fair legal system and the rule of law. The rule of law is the legal principle that everyone in the United States is subject to the law, regardless of wealth or position. In regard to the freedom of speech, this aspect of free society is required to prevent powerful individuals from oppressing members of society. Equal opportunity is a characteristic often mentioned when people reference the concept of the "American Dream.” Free societies that provide equal opportunity often apply the principle to free speech to ease the practice of the right. One of the most important aspects of a free society is the concept of tolerance, which allows people with different beliefs and stances to coexist peacefully in society. These three aspects, and so many others are fundamental to defending free speech and allow for the right to exist.

   In our time, these systems that protect our rights are being challenged to the point that Americans on both sides of the political spectrum are questioning whether or not we live in a free society. A common way that free speech is being oppressed by both sides of the political spectrum is the fact that tolerance for differences has deteriorated over the years. A good portion of people on either side of the political aisle refuse to tolerate the ideas of the other. In our political system, this polarization and lack of tolerance has led to a gridlock that inhibits the government from passing laws through compromise and genuine consensus. As a result, polarization has increased to the point that many Americans have a stronger dedication and loyalty to their party rather than the nation as a whole. In the American populace, this had led to a shift toward extremist ideologies and an increase in censorship. Censorship comes from the lack of definition on what is considered to be profane in the vernacular, especially in small localized areas. The most common examples of censored material by the right includes LGBTQ+ content. The left focuses on censoring derogatory slurs used for certain groups of people, even in historical literary works that reflect the time period. Laws governing censorship are decided by the states, therefore there is no national rule of law standard for censored speech. This factor allows for resentment to build on both sides, eventually leading to maximum levels of intolerance and volatile behavior.

   A few weeks ago, the founder of Turning Point USA, Charlie Kirk, was killed by an assassin during one of his debates at a college campus. Conservatives regarded him as a hero for their movement, and people on the left saw him as a threat to democracy and minority groups. Regardless of one’s stance, the undeniable fact is that he was killed for exercising his free speech. This outrageous act of terrorism is a sign of partisan-motivated assassinations becoming an alarming staple of American culture. Less than a week ago, there was a firebomb attack on Judge Goodstein’s house in South Carolina. Judge Goodstein is known for ruling against Donald Trump’s policies, which makes her a target for right-wing extremists. Melissa Hortman, the Democratic state representative of Minnesota, and her husband became victims of a politically motivated shooting against democrats. Trump’s life was at risk of being taken on multiple occasions. Overall, every American should be able to come together and condemn acts of assassination.

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   However, the President failed to unify the nation to condemn assassination as a whole. Instead, he blamed the Democratic party and united all conservatives in a mindset to hunt down and persecute members of the left. He failed to provide comfort to conservatives and liberals alike by following Biden’s footsteps in condemning the act as a whole. Instead, we have entered an era of retaliation culture. A good example of which is Trump ordering CBS to take down Jimmy Kimmel’s show for a simple criticism of Trump’s reaction to Kirk’s demise. Thanks to the united effort to cut Disney off from their profit, Kimmel’s show has been restored. Companies that have comedians and speakers on air often force their workers to sign contracts in order to work, which is a debated topic with the subject of free speech. After understanding what free speech entails, it is quite evident that free speech is being torn away from the American public through book bannings, show cancellations, and most horribly, assassinations. If the United States ever truly hopes to live up to what it promises its children, then action must be taken to reverse these disastrous assaults on our liberty and keep the wealth of power and information in the hands of the American people.