The distinction between speech and action matters. Shouting fire in a crowded theatre endangers people’s safety and so is not just speech but also an “action” that can rightfully be outlawed. In contrast, showing contempt by burning the US flag or a copy of the Quran is “speech” and so should not be outlawed. The act of burning an item of your own property is lawful, and the added contemptuous attitude amounts to speech. This is highlighted by the fact that the method of disposal of old flags recommended by the US military is … burning them, though respectfully. Likewise some Islamic authorities recommend burning as the method of disposal of old copies of the Quran that are no longer fit for reading.
Those in favour of free speech generally hold that any speech that stops short of incitement to violence, or otherwise putting people in direct physical danger, should be lawful and accepted. Those against free speech think otherwise. But they don’t want to admit to being against free speech; few people do. So they label those in favour of free speech as “free speech absolutists”, and begin their arguments with: “I am fully in favour of free speech, but …”. From there they muddy the water by trying to negate the distinction between speech and action. Continue reading