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First Amendment rights apply to written, spoken, and #tweeted speech

Published: Thursday, December 1, 2011

Updated: Thursday, December 1, 2011 18:12

Twitter Emma Sullivan

AP Photo

Shown in her Fairway, Kan. home on Monday, Nov. 28, 2011, high school senior Emma Sullivan displays the text of a tweet she sent after listening to Kansas Gov. Sam Brownback speak to a group of students last week. Since posting the tweet, Sullivan was called into the principal's office and ordered to write an apology to Brownback but instead Brownback offered an apology for his staff's reaction to the tweet today.

18-year-old Emma Sullivan was unimpressed with what she heard from Gov. Sam Brownback when she attended a class field trip to hear him speak in Topeka, Kan. on Nov. 23.

Like so many others, the Shawnee Mission East High School senior took to social media to express her disapproval, tweeting to her then 60 followers ""just made mean comments at gov brownback and told him he sucked, in person #heblowsalot."

Tasteful? Debatable. Necessary? No. Protected? Absolutely.

The following day, Sullivan was called to the principal's office and urged to write an apology for her tweet. Her principal informed her someone from Brownback's office had stumbled upon her tweet and found it to be offensive.

Sullivan's principal argued that the issue was not about politics, but about being respectful. If respect is the approach the principal, or Brownback's office wish to take, let's talk about respect for our First Amendment rights.

Daily, the realm of social media spouts intellectual conversation, political jousting, career connections, friendly banter, personal marketing, and worthlessness; all of which deserve an equal presence, according to the U.S. Constitution.

Regardless of how Sullivan's opinion was received by Brownback's office, her tweet did not incite violence, endanger citizens, or threaten national security. Nor was it a reflection of her academic institution.

While "he blows a lot" isn't the most articulate or classy of trending topics, Sullivan should in no way be pressured to grant an apology for expressing her opinion, regardless of whether or not that opinion is flattering or tactful.

Days after the incident, Brownback actually offered an apology to Sullivan, stating his office overreacted. However, Sullivan, who now has over 15,000 followers, faces bullying at her school, and has experienced an intense social media backlash from her peers.

Why does society find it acceptable for sports fans to boast obscenity's via social media when their favorite players fail to perform up to their expectations, but a PG tweet expressing dislike of a governor commands national attention and flack?

First Amendment protection should be inherent and equally protected, regardless of the context. Failure to do so is not only unconstitutional, but un-American.

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