Teacher Talk: Free Speech, the Founders… and TWITTER???

By Thomas Griffin

Our nation’s founders liked to write. Better yet, the founders loved to write. 

Many of the founders were prodigious penmen. The Federalist Papers alone include 85 essays and roughly 180,000 words. 

Not only did the founders love to write, but they loved to have their writing circulated in broadsides, newspapers, pamphlets, and books. Thomas Paine’s pamphlet Common Sense sold nearly 500,000 copies by the end of the Revolutionary War. 

It is certainly safe to say that the founders had lots of ideas to share. Part of the reason that the First Amendment was included in the Bill of Rights was to guarantee their ability to speak out and share their ideas.  

What isn’t so clear to me though, is how they would feel about our digital age. 

Our students may not consider themselves writers in the sense of our founders. But they are constantly sharing their voices, even if only in 60-second videos or 280-character tweets. 

So how do we leverage their willingness to share ideas in these modern formats with the responsibility of producing something for public consumption? 

The tweets, posts, comments, and videos they share online are likely to go far beyond their originally intended audience. While they may not “go viral” like Thomas Paine’s pamphlet, Americans young and old need to understand both their rights and responsibilities when participating in the digital public forum. 

A robust education in civics must include a discussion of digital civics. That is, how does the First Amendment apply online? 

All of us, particularly young people, need to understand that while they may be permitted to engage in the digital public forum, their First Amendment rights do not protect them from violating a terms and conditions agreement or consequences from their school, employer, or family. 

Students’ online handles and email addresses may permanently link them to an off-the-cuff remark. 

This is where we as educators can step in and support our students in navigating the challenges of our changing digital environment. 

What do our students need to know about their Constitutional rights as they relate to the digital world? 

As apps and online engagement evolve ever more rapidly, young people need to be equipped with a solid understanding of their First Amendment rights. 

As we consider the implications of the “Freedom of Speech” in the online context, it is helpful to consider historical issues and examples. 

How did the founders use their voices? Why did they include speech as part of the First Amendment? 

What does the Supreme Court say about issues of libel and slander? What are a student's rights regarding speech at school? 

All of these questions, and more, can and should be part of civic education. The next step for us as educators is to intentionally extend that discussion into digital civics. 

Thomas Griffin is a U.S. history and psychology teacher at Johnston High School in Johnston, Iowa. He is also a member of the Bill of Rights Institute Teacher Council.