Is It Time For a Constitution Modernization Act?
As Americans prepare to celebrate our July 4th Holiday in celebration of our Independence from England, we should all reflect on our American values, how we got here & if anyone is truly happy with the State of our Union.
Amending our Constitution is extremely difficult, beginning with the exact verbiage of the First Amendment which states:
"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."
WOMEN have been left out of our founding documents when the first mention of Gender appeared in the in the 14th Amendment specifying "Male Inhabitants over the age of 21."
The Alice Paul Resolution known as the Equal Rights Amendment was introduced into Congress in 1923.
In January of 2020, Virginia became the needed 38th State to Ratify the Amendment into their State Constitution, yet the National Archivist refuses to Publish it - making it the law of the land.
Our Constitution should be viewed as a Living Document.
The Framers of our Constitution wrote these Documents at a very different time than the Modern Times we now live in.
All the Equal Rights Amendment needs is Publication.
But the First Amendment, the Second Amendment & others are woefully out of step with the Modern World.
In particular, the First Amendment is treated as a Sacred Cow not to be altered - the the point of the general lack of civility IN EVERY ASPECT OF AMERICAN LIFE.
We DO HAVE Libel Laws for when Free Speech goes too far, but it's not enough.
Since opening this Web Page in 2017, I've been advocating for a Hate Speech Bill to protect WOMEN from Obscene Music Lyrics THAT DO IN FACT INCITE VIOLENCE AGAINST WOMEN.
Here is what Wikipedia says on the subject of Hate Speech.
The Page is generally geared to Racial Hate Speech but says NOTHING about frightening MISOGYNY:
"The local ordinance in St. Paul, Minnesota, criminalized symbolic expressions tantamount to fighting words, arousing anger on the basis of race (among other protected classes). Associate JusticeAntonin Scalia, writing for the Supreme Court, held that the ordinance was unconstitutional as it contravened the First Amendment by focusing on particular groups about whom speech was restricted. Scalia explained that "The reason why fighting words are categorically excluded from the protection of the First Amendment is not that their content communicates any particular idea, but that their content embodies a particularly intolerable (and socially unnecessary) mode of expressing whatever idea the speaker wishes to convey." Because the hate speech ordinance was not concerned with the mode of expression, but with the content of expression, it was a violation of the freedom of speech. Thus, the Supreme Court embraced the idea that speech in general is permissible unless it will lead to imminent violence.[a] The opinion noted "This conduct, if proved, might well have violated various Minnesota laws against arson, criminal damage to property", among a number of others, none of which was charged, including threats to any person, not to only protected classes."
The Free Speech concepts of "fighting words," "clear & present danger," & "incitement to violence" have NEVER been ruled by the Court to be "Protected Speech."
Rap Music Lyrics rise to this level.
It is not "Toxic Masculinity" as some have suggested.
Garbage like "Bitch Go Die" or "Smack a Bitch" do in fact present a CLEAR & PRESENT DANGER TO WOMEN.
It is Hate Speech.
A Bill to Modernize our Constitution to reflect the World we all share, would "untie the hands of Congress" to DO SOMETHING about this "Free Speech" that has run amuck.