History of the Project
The Free Speech Machine started as a collaborative project between Monica Sheets and Colleen Walbran. Colleen and Monica were both interested in how people use their right to freedom of speech and whether they feel they have adequate opportunity to do so. Together, they developed the idea of a physical soapbox and giant megaphone that would also record the participants’ speeches for upload to the Internet. The idea was to create a space in the physical world for speech, but also connect it to the virtual world. At the time, participation on the Internet (web 2.0) on a large scale was just starting to take off and the Internet was repeatedly being referred to as the new soapbox for communication.The Free Speech Machine had its debut at the Red Hot Art Festival in Stevens Square Park in June 2006. Other appearances have included street fairs and art festivals and a two-week residency at a drop-in center for homeless youth.
The Legend of the Soapbox
Standing on a soapbox (or any other raised object) has the obvious practical effect of creating an impromptu podium or platform for the speaker, increasing visibility and providing a sense of authority. According to legend, this tradition started in London, England at Speaker’s Corner in Hyde Park. Speaking negatively about the Queen was prohibited while standing on her ground (all of England), so by standing on a soapbox, the orator circumvented the law and was free to speak as he or she wished.Free Speech and the First Amendment of the U.S. Constitution
In the United States, freedom of speech is guaranteed by the first amendment, ratified in 1791 as part of the Bill of Rights. The amendment itself it broadly worded (Congress shall make no law … abridging the freedom of speech…) and does not indicate what limits there may be for speech. This has largely been an issue for the courts, though it was not until the early 20th century that the Supreme Court heard cases regarding infringement of freedom of speech. These early cases dealt mostly with political speech and upheld the right of the US government to censor anti-government speech. By mid-century, this began to change, and both the right to speech and what constituted speech were defined more broadly.Currently, the following types of speech are unprotected, which is to say that they can be censored, though whether a specific speech action can legally be defined as one of these things is not always clear:
- Advocating force or violence for “imminent lawless action” (As in, let’s get that person right there, right now)
- False statements of fact, i.e. slander and libel, shouting “Fire!” and causing a panic
- Material deemed obscene (the definition of “obscene” is its own doctoral thesis)
- Child pornography
- Fighting words and offensive speech (similar to advocating violence, but also including the possibility of speech that causes emotional distress to a private person)
- Threats, usually limited to those of bodily harm or death
